Suresh Rajak vs The State Of Madhya Pradesh
2025 Latest Caselaw 1004 MP

Madhya Pradesh High Court

Suresh Rajak vs The State Of Madhya Pradesh on 1 July, 2025

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                             1                              CRA-12540-2024
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                    CRA No. 12540 of 2024
                                      (SURESH RAJAK Vs THE STATE OF MADHYA PRADESH AND OTHERS )



                         Dated : 01-07-2025
                               Shri Surdeep Khampariya - Advocate for the appellant.
                               Shri Manas Mani Verma - Public Prosecutor for the respondent-State.

Heard on I.A. No.31677/2024, first application under Section 430 of B.N.S.S., 2023 for suspension of sentence and grant of bail to appellant Suresh Rajak S/o Shri Prabhu Rajak.

The appellant is aggrieved of the judgment dated 13.09.2024 passed by the learned Additional Sessions Judge, Pawai, District Panna (M.P.) in S.C. No.51/2023, whereby the appellant stands convicted for offence under Sections 376(2)(n), 376(3) of I.P.C. with Section 3/4 and 5(Tha) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to undergo R.I. for 20 years and fine of Rs.5,000/- with default stipulation of R.I. for 6 months.

It is submitted by Shri Surdeep Khampariya, learned counsel for the appellant that the appellant is innocent. Allegation is that for the first time,

privacy of the prosecutrix was violated on 16.02.2023, then on 18.05.2023. Her parents returned in June, 2023. FIR was lodged on 29.07.2023. DNA report (Ex.P-18) is negative. It categorically states that Y DNA profile obtained from the vaginal slide of the prosecutrix does not match with Y DNA profile obtained from the blood sample of appellant Suresh Rajak.

In view of such facts, it is submitted that the prosecutrix was having

2 CRA-12540-2024 relationship with someone else and the present appellant has been falsely implicated, who happens to be a relative and with whom the prosecutrix wanted to perform marriage, as admitted by her mother PW-1. Thus, it is submitted that there are good chances of success in this appeal. Hence, prayer is made to suspend the remaining jail sentence of the appellant and to release him on bail.

Shri Manas Mani Verma, learned Public Prosecutor for the respondent-State, in his turn, opposes the prayer for suspension of sentence and grant of bail.

After hearing learned counsel for the parties and going through the record so also the fact that the appeal is going to take time for its disposal, 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 appellant and to release him on bail. I.A.No.31677/2024 is accordingly 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.30,000/- (Rupees Thirty Thousand Only) with two solvent sureties each in the like amount to the satisfaction of the Trial Court for his appearance before the Trial Court on 08.10.2025 and such other dates as may be fixed by the Trial Court, which shall not be more than two times in a year, the execution of remaining part of the jail sentence imposed upon appellant Suresh Rajak shall remain suspended and he shall be released on bail till final disposal of this appeal.

3 CRA-12540-2024 I.A.No.31677/2024 is allowed & disposed of.

Let this case listed for final hearing in Part-B of the cause list as per its turn and seniority.

Certified copy as per rules.

                               (VIVEK AGARWAL)                             (AVANINDRA KUMAR SINGH)
                                    JUDGE                                           JUDGE
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