Madhya Pradesh High Court
Rajaram vs The State Of Madhya Pradesh on 7 July, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-5719-2018
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 5719 of 2018
(RAJARAM AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 07-07-2025
Shri Pradeep Kumar Naveria - Advocate for the appellants
Shri Manas Mani Verma - Government Advocate for the
respondent/State.
Heard on I.A. No.6740/2025, which is third bail application under
Section 389(1) of the Cr.P.C./430(1) of the Bhartiya Nagrik Suraksha
Sanhita, 2023 for suspension of sentence and grant of bail to appellant No.1-
Rajaram S/o Shri Kashiram Kacchi, appellant No.4-Dayal Kushwah, S/o Shri
Kashiram Kacchi respectively.
The appellants are aggrieved of the judgment dated 12.07.2018 passed
by the learned 1st Additional Sessions Judge, Begumganj, District- Raisen
(M.P.) in case S.T. No.108/2013, whereby appellant No.1-Rajaram and
No.4-Dayal Kushwah stand convicted and sentenced as under:-
Conviction Sentence
Section Act Imprisonment Fine Imprisonment in lieu of fine
302 R/w
I.P.C. R.I. for Life Rs.2,000/- R.I for 6 months.
325 r/w
I.P.C. R.I. for 1 years Rs.100/- R.I. for 3 months.
323 r/w Rs.500/-
I.P.C. R.I. for 3 months R.I. for 3 months.
Rs.500/-
148 I.P.C. R.I. for 3 months R.I. for 1 month.
2 CRA-5719-2018
It is submitted that appellant No.1-Rajaram and No.4-Dayal Kushwah
are claiming parity with the suspension of sentence granted to co-accused
Shobha Ram by the Coordinate Bench of this High Court, vide order dated
25.01.2024 on the ground that injured Lakhanpuri (PW/2) categorically
stated that Shobha Ram had hit 'Katarna' on the head of deceased -
Saranpuri. Similarly, Bhaiyaram had hit him with a 'Katarna' by the side of
the ear of the deceased whereas allegation on the present appellant No.1-
Rajaram and appellant No.4-Dayal are causing injury on the back and on
hand. Hence, prayer is made to suspend the remaining jail sentence of the
appellant nos. 1 and 4 and to release them 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, it is pointed out that Dr.
H.N. Bhuriya (PW/4), who conducted postmortem of the deceased found
two head injuries and stated cause of death to be those two head injuries,
therefore, on the basis of parity as well as general and omnibus allegations
made against appellants appellant No.1-Rajaram S/o Shri Kashiram Kacchi-
appellants No.4 Dayal S/o Shri Kashiram Kacchi so also the fact that the
appeal is going to take time for 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 appellant No.1 Rajaram S/o Shri Kashiram
Kacchi, appellant No.4 Dayal S/o Shri Kashiram Kacchi and to release them
on bail.
3 CRA-5719-2018
Accordingly, I.A. No.6740/2025 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) each with two solvent sureties each in the like
amount to the satisfaction of the Trial Court for their appearance before the
Trial Court on 08.10.2025 and on such other dates as may be fixed by the
Trial Court, the execution of remaining part of the jail sentence imposed
upon appellants, namely, appellant No.1 Rajaram S/o Shri Kashiram Kacchi,
appellant No.4 Dayal S/o Shri Kashiram Kacchi shall remain suspended and
they shall be released on bail till final disposal of the appeal.
Accordingly, I.A. No.6740/2025 is dismissed.
Let the appeal be 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
NRJ
