Madhya Pradesh High Court

Aasharam vs The State Of Madhya Pradesh on 2 June, 2025

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

                                                            1                               CRA-6081-2024
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                     CRA No. 6081 of 2024
                                        (AASHARAM AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                         Dated : 02-06-2025
                                 Shri Surendra Singh Gautam and Shri Anand Kumar Gupta -

                         Advocate for the appellants.
                                 Shri Vijay Sundaram - PP for the State.
                                 Shri Eshtkar Qureshi - Advocate for the respondents.

Heard on I.A. No. 10933 of 2025 which is the first application filed on

behalf of appellant No.3 Brajbhan Singh@Golu and I.A. No.11330 of 2025 which is the second application filed on behalf of appellant No.1 Asharam Yadav under Section 389 (1) Cr.P.C. for suspension of sentence and grant of bail.

2. Appellant No.1/Asharam Yadav and appellant No.3/ Brajbhan Singh@Golu have been convicted under Section 302/149 of IPC and sentenced to undergo life imprisonment with fine of Rs.1000/- and under Section 147 of IPC and sentenced to undergo 2 years imprisonment with fine of Rs.500/- with default stipulations vide judgment of conviction and order

of sentence dated 30.04.2024 passed by the First Additional Sessions Judge, Ashoknagar, in ST. No.43/2015.

3. Learned counsel for the appellants argued that the case of the present appellants No.1 and 3 is identical to the case of co-accused person namely Shivram as well as other co-accused persons namely Virendra, Arvind and Jagdish and they have already been granted bail by this Court

2 CRA-6081-2024 vide order dated 19.05.2025 passed in Cr.A. No.6060/2024 and Cr.A. No.6081/2024. It is further argued that appellants have wrongly been convicted by the trial Court without proper appreciation of material available on record. Learned counsel for the appellants further submits that the fine amount has already been deposited by the appellants. They were on bail during trial. They have not misused the liberty granted to them. There is no likelihood of early hearing of appeal in near future. On these grounds, learned counsel prays that execution of remaining jail sentence of appellants may be suspended and they may be enlarged on bail.

4. Learned Govt. Advocate appearing for respondent/State does not dispute the fact that the case of present appellants No. 1 and 3 is identical to the other co-accused persons and he has no objection in granting suspension

of sentence to the appellants.

5. From perusal of the entire record and in view of the statement given by the counsel for respondent/State, but without commenting on the merits of the case, we deem it proper to suspend the remaining jail sentence of present appellants.

6. Accordingly, I.A. Nos. 10933/2025 and I.A. No.11330/2025 are allowed and the execution of remaining jail sentence of appellants is hereby suspended till the final disposal of this appeal and it is ordered that the appellants No.1 and 3 namely Asharam Yadav and Brajbhan Singh@Golu be released on bail on their depositing the fine amount, if not already deposited, and upon furnishing a personal bond for a sum of Rs.50,000/- (Rs. Fifty thousand Only) each with one solvent surety in the like amount to the

3 CRA-6081-2024 satisfaction of the trial Court, with a further direction to appear before the Registry of this Court on 08.09.2025 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

C.C. as per rules.

(DWARKA DHISH BANSAL) (AMIT SETH) V. JUDGE V. JUDGE Vishal