Manoj @ Bablu vs The State Of Madhya Pradesh
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Madhya Pradesh High Court

Manoj @ Bablu vs The State Of Madhya Pradesh on 7 July, 2025

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                             1                               CRA-1640-2024
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                     CRA No. 1640 of 2024

(MANOJ @ BABLU AND OTHERS Vs THE STATE OF MADHYA PRADESH )

Dated : 07-07-2025 Shri Ashish Sinha, Advocate for appellant No.2 Santosh Singh @ Raju.

Shri Manas Mani Verma, Government Advocate for State. Shri Narayan Prasad Dubey, Advocate for objector.

Let the Additional Chief Secretary, Home take action against Shri

Alok Mathur, Joint Director and Chemical Examiner, State Forensic Science Laboratory, Home (Police) Department, Government of Madhya Pradesh, Sagar for furnishing incorrect report before the Court.

The aforesaid incorrect report, which is contrary to the findings and in the conclusion it being mentioned that EC5 was fired from Pistol A2 is contrary to the fact that at both places on Page No.6 of the report at Serial No.3, it is mentioned that EC5 and TCA1 chamber marks are similar. Similarly, it is thereafter mentioned in the opinion at Serial No.3 that Exhibits EC5 and TCA1 have similar chamber marks but after having said

that it is wrongly mentioned that EC5 was fired from Pistol A2 and not from Pistol A1.

There appears to be mischief on the part of Shri Alok Mathur, Joint Director and Chemical Examiner, State Forensic Science Laboratory, Home (Police) Department, Government of Madhya Pradesh, Sagar and we cannot accept it to be only a typographical error. If we would not have scrutinized

2 CRA-1640-2024 the report in a microscopic manner, the aforesaid wrong finding of Shri Alok Mathur, Joint Director and Chemical Examiner, State Forensic Science Laboratory, Home (Police) Department, Government of Madhya Pradesh, Sagar would have caused miscarriage of justice.

It is though informed by Shri Manas Mani Verma, learned Government Advocate for the State that Shri Alok Mathur, Joint Director and Chemical Examiner, State Forensic Science Laboratory, Home (Police) Department, Government of Madhya Pradesh, Sagar is retired from service but appropriate action including reduction of his pension may be contemplated and suitable action be taken against him in terms of the Service Jurisprudence for furnishing incorrect report before the Court in a manner to give advantage to the person from whom Pistol A1 was recovered at the cost

of one from whom Pistol A2 was recovered.

Let action be taken against Shri Alok Mathur, Joint Director and Chemical Examiner, State Forensic Science Laboratory, Home (Police) Department, Government of Madhya Pradesh, Sagar within a period of forty- five days from today.

Let the Additional Chief Secretary, Home file his personal affidavit as to the action taken against Shri Alok Mathur, Joint Director and Chemical Examiner, State Forensic Science Laboratory, Home (Police) Department, Government of Madhya Pradesh, Sagar.

The affidavit filed by Shri Premlal Manothiya is taken on record. It is admitted by Shri Manas Mani Verma, learned Government Advocate for the State that Pistol A2 was recovered from the possession of

3 CRA-1640-2024 the present appellant No.2 Santosh Singh @ Raju and Pistol A1 was recovered from Manoj @ Bablu.

Heard on I.A.No.22843/2024, which is first application for suspension of sentence and grant of bail to the appellant No.2 Santosh Singh @ Raju.

The appellant No.2 Santosh Singh @ Raju is aggrieved of the judgment dated 22.1.2024 passed by the learned XXVII Additional Sessions Judge, Jabalpur (M.P.) in Sessions Trial No.800488/2014 convicting the appellant No.2 Santosh Singh @ Raju for the offence under Sections 302/149, 148 of the Indian Penal Code, 1860 (for short "I.P.C"), Sections 25(1b) and 27 of the Arms Act and sentencing him to undergo rigorous imprisonment for life, rigorous imprisonment for one year, rigorous imprisonment for one year, rigorous imprisonment for one year with fine of Rs.5000/-, Rs.1000/-, Rs.1000/-, Rs.1000/- and in default of payment of fine to undergo additional rigorous imprisonment for one year, one month, one month and one month respectively.

Learned counsel for the appellant No.2 Santosh Singh @ Raju submits that the appellant No.2 Santosh Singh @ Raju is innocent. The appellant No.2 Santosh Singh @ Raju has been falsely implicated in this case. The appellant No.2 Santosh Singh @ Raju was armed with a 12 Bore Katta. None of the cartridges of 12 Bore Katta have been recovered from the spot. On the contrary, the FSL report Exhibit P/25 reveals that all the shots, which were fired, were fired from Article A1, which was wielded by Manoj Bajaj and not by the present appellant No.2 Santosh Singh @ Raju. Besides this,

there were traces of bomb blast on the place of the incident, which is

4 CRA-1640-2024 attributed to another co-accused but not to the present appellant No.2 Santosh Singh @ Raju. There are good chances of success in appeal. Hence, prayer is made to suspend execution of remaining part of the jail sentence of the appellant No.2 Santosh Singh @ Raju and to release him on bail till final disposal of this appeal.

Learned Government Advocate for the State on the other hand opposes the prayer made by learned counsel for the appellant No.2 and prays for dismissal of I.A.No.22843/2024.

After hearing learned counsel for the parties and without commenting on the merits of the case, we are of the considered opinion that it is a fit case to suspend execution of remaining part of the jail sentence of the appellant No.2 Santosh Singh @ Raju and to release him on bail. Accordingly, I.A.No.22843/2024 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.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties in the like amount to the satisfaction of the Trial Court for his appearance before the Trial Court on 17.9.2025 and such other dates as may be fixed by the Trial Court, the execution of remaining part of jail sentence imposed upon the appellant No.2 Santosh Singh @ Raju shall remain suspended and he shall be released on bail till final disposal of this appeal.

I.A.No.22843/2024 is allowed & disposed of.

                               (VIVEK AGARWAL)                            (AVANINDRA KUMAR SINGH)

                                         5       CRA-1640-2024
                                JUDGE       JUDGE
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