Gangaram @ Billa Raikwar vs The State Of Madhya Pradesh
2025 Latest Caselaw 3705 MP

Madhya Pradesh High Court

Gangaram @ Billa Raikwar vs The State Of Madhya Pradesh on 8 August, 2025

                                                              1                               CRA-7295-2021
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 7295 of 2021
                                  (GANGARAM @ BILLA RAIKWAR Vs THE STATE OF MADHYA PRADESH AND OTHERS )



                           Dated : 08-08-2025
                                 Shri B.J.Chourasia - counsel for the appellant
                                 Shri B.K.Upadhyay - Government Advocate for State

                                 Heard on I.A.No.21527 of 2021, first application under Section 389(1)
                           of the Cr.P.C./430(1) of the BNSS, 2023 for suspension of sentence and
                           grant of bail to the appellant.

                                 Appellant has been convicted for the offence punishable under Section
                           376(2)(Jha) of IPC and has been sentenced to undergo RI for 20 years with
                           fine of Rs.5,000/- with default stipulation.
                                 Learned counsel for the appellant submits that he is innocent and has
                           falsely been implicated in the matter. Learned counsel for the appellant
                           submits that there is material contradictions in the statements of the
                           witnesses. The appellant is having no criminal history and is in jail. There is
                           no possibility of early hearing of the appeal in near future. Hence, it is
                           prayed that the application for suspension of sentence may be considered.

                                 On the other hand, learned counsel for the respondent/State has

opposed the application and supported the impugned judgment of conviction and sentence passed by the trial court.

Considering the arguments advanced by learned counsel for the parties, we are of the opinion that the application for suspension of sentence and grant of bail to the appellant can be considered.

2 CRA-7295-2021 Accordingly, without commenting anything on the merits of the case, I.A.No.21527 of 2021 is allowed.

It is directed that the remaining jail sentence awarded to appellant remains suspended and he be released on bail subject to his depositing the amount of fine, if not already deposited, and on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a surety bond of like amount to the satisfaction of the trial Court concerned for his appearance before the Registry of this Court on 17.11.2025 and on such other dates as may be fixed in this regard.

Accordingly, I.A.No. 21527 of 2021 stands allowed and disposed of. List the matter for final hearing in due course.

                                  (VIVEK KUMAR SINGH)                          (AJAY KUMAR NIRANKARI)
                                         JUDGE                                         JUDGE
                           S /-