Madhya Pradesh High Court
Ajay @ Ajju Purviya vs The State Of Madhya Pradesh on 13 October, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-11875-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 11875 of 2024
(SANJAY SHARMA Vs THE STATE OF MADHYA PRADESH )
&
CRA No. 12128 of 2024
(AJAY @ AJJU PURVIYA Vs THE STATE OF MADHYA PRADESH )
Dated : 13-10-2025
Shri Siddharth Datt - Advocate for appellant Sanjay Sharma in CRA
No.11875 of 2024.
Shri Rajkumar Raghuwanshi - Advocate for appellant Ajay @ Ajju
Purviya in CRA No.12128 of 2024.
Shri Manas Mani Verma - Government Advocate for the
respondent/State.
Heard on I.A. No.11460 of 2025, which is first application under
Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to
appellant - Sanjay Sharma S/o Nandprasad Sharma in CRA No.11875 of
2024 and I.A.No.12038 of 2025, which is first application under Section
389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellant -
Ajay @ Ajju Purviya S/o Shri Madan Singh Purviya in CRA No.12128 of
2024.
These appeals under Section 374(2) of Cr.P.C. are filed being
aggrieved of the judgment dated 27/08/2024 passed by learned First
Additional Sessions Judge, Pipariya, District Narmadapuram (M.P.), in S.T.
No.43/2022, whereby both the appellants have been convicted and sentenced
as under :-
2 CRA-11875-2024
Fine
Conviction u/s Sentence (RI) In lieu of
amount
148 of IPC RI for 1 year Rs.200/- additional RI for 15 days
302/149 of Life
Rs.5,000/- additional RI for 6 months
IPC imprisonment
341 of IPC RI for 7 years Rs.100/- additional RI for 1 DAY
It is pointed by learned counsel for the appellants that PW-14 Dr.
Rahul Uikey, who is working as Medical Officer at Primary Health Centre,
Nemawer District Dewas, has categorically admitted that when Amit was
brought to him, he was conscious and was also in a condition to give
statement. It is also pointed out that in Paras-8 & 9 of his cross-examination,
this witness has admitted that Amit Rai was conscious and was also talking
but he had not given any history to him. Similarly, in Para-9 it is mentioned
that when Sanjay Rai was normal, at the time of medical examination he was
fully conscious and was talking but he too had not given any medical history.
Sanjay was discharged after preliminary treatment. Thus, it is pointed out
that when Amit was alive, conscious and was in a position to give statement
and another fact which has come on record that he died on 30/04/2022
whereas the incident took place on 25/04/2022. As per PW-1 Sanjay Rai, the
main accused who was seen by him is Munna alias Anil @ Anna Thakur S/o
Chain Singh Thakur, he has been misread as Anna Kahar. Allegations on
others appears to be general and omnibus. There are good chances of
success of this appeal. He, therefore, prays for suspension of sentence and
grant of bail to the appellants.
3 CRA-11875-2024
Learned Government Advocate opposes the prayer for grant of bail to
the present appellant.
Taking these facts into consideration and 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 the appellants and to release them on
bail.
Accordingly, I.A. No. 11460 of 2025 and I.A.No.12038 of 2025 are
allowed.
It is directed that on depositing of the fine amount, if not already
deposited and on furnishing personal bond to the tune of Rs.50,000/-
(Rupees Fifty Thousand Only) each with two sureties in the like amount to
the satisfaction of the Trial Court for their appearance before the Trial Court
on 18/12/2025 and on all subsequent dates as may be fixed by the concerned
Court, the execution of remaining part of jail sentence of appellants Sanjay
Sharma and Ajay @ Ajju Purviya shall remain suspended and they be
released on bail till final disposal of this appeal.
List along with connected matters.
(VIVEK AGARWAL) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
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