Ashok vs The State Of Madhya Pradesh
2025 Latest Caselaw 1111 MP

Madhya Pradesh High Court

Ashok vs The State Of Madhya Pradesh on 3 July, 2025

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                              1                                 CRA-5622-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                      CRA No. 5622 of 2024
                                           (ASHOK AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                           Dated : 03-07-2025
                                 Shri Prakash Upadhyay - Senior Advocate assisted by Shri R.N.
                           Dwivedi - Advocate for the appellants.
                                 Shri S.K. Shrivastava - Government Advocate for the
                           respondent/State.

Heard on I.A. No.11124 of 2024 , which is first application under

Section 389(1) of the Code of Criminal Procedure, for suspension of sentence and grant of bail to appellants- Ashok and Ajay @ Ajju.

This appeal is preferred against the judgment dated 01.04.2024 passed by the Additional Sessions Judge, Junnardew, District- Chhindwara, in Sessions Trial No.59/2020 whereby the appellants have been convicted under Section 302 (two counts) of IPC and sentenced to life imprisonment and fine of Rs.1,000/- (two counts) and Section 201 of IPC and sentenced to R.I. for three years with fine of Rs.1,000/- along with default stipulations.

Learned senior counsel for the appellants submits that the appellants

are innocent and have falsely been implicated in the case. It is submitted that there are three prime witnesses of the prosecution; PW/1- son of the deceased, PW/2- daughter-in-law and PW/3 who claims himself to be witness of last seen. It is submitted that the circumstances which have been clubbed together to hold that the appellants are guilty of committing homicidal death of Ghoodan and Premvati in the form of evidence and last

2 CRA-5622-2024 seen, fingerprint expert report (Ex.P/25) showing role of Ajju and Ex.P/26 recovery of blood stained Gamcha from the appellant- Ajay @ Ajju, on which, human blood was found. It is submitted that firstly PW/5- the doctor who conducted postmortem, has opined that the death occurred due to strangulation and there is another submission that there is no external wounds on the dead bodies of Ghoodan and Premvati. Thus, the story of blood stained Gamcha is far-fetched.

Secondly, it is pointed-out that PW/1 himself appears to be the accused inasmuch as there are certain admissions on his part, namely, the appellant- Ajju and another appellant- Ashok were having good relations with the deceased party. The second admission is that sister of PW/1 and sister-in-law of PW/2 was married to Ajju; said sister, namely, Urmila had performed her

marriage with Ajju on her own volition and committed suicide and three of the friends of PW/1 were accused in a case under Section 306 of IPC. There is another admission that PW/1 was pressing the deceased as well as the appellants to enter into a compromise with three of his friends who are accused in a case under Section 306 of IPC. There is another admission that Ghoodan as well as appellants have refused to enter into compromise.

Thirdly, it is submitted that since it is admitted that the appellant-Ajay @ Ajju was throughout available at the time of search of dead bodies of Ghoodan and Premvati, his presence or chance fingerprints on the torch recovered from the house of the deceased, is not an unusual circumstance to say that chain of circumstances is complete. Thus, it is submitted that it appears to be a case of false implication. There are good chances of success

3 CRA-5622-2024 of this appeal. The final disposal of the appeal would take considerable time. He, therefore, prays for suspension of sentence and grant of bail to appellants- Ashok and Ajay @ Ajju.

Learned Government Advocate opposes the prayer for grant of bail to the appellants.

After hearing learned counsel for the parties and going through the record, without commenting on the merits of the case, we are of the considered opinion that this is a fit case to suspend the remaining jail sentence of appellants and to release them on bail. Accordingly, I.A. No.11124 of 2024 is allowed.

It is directed that on depositing the fine amount, if not already deposited and on furnishing a personal bond to the tune of Rs.25,000/- (Rupees Twenty Five Thousand Only ) each with two solvent sureties each in the like amount to the satisfaction of the Trial Court for their appearance before the Trial Court on 24.09.2025 and such other dates as may be fixed by the Trial Court, the execution of remaining part of jail sentence imposed upon appellants- Ashok and Ajay @ Ajju shall remain suspended and they shall be released on bail till final disposal of this appeal.

I.A. No.11124 of 2024 is allowed & disposed of.

                                    (VIVEK AGARWAL)                           (AVANINDRA KUMAR SINGH)
                                         JUDGE                                         JUDGE
                           Prachi