Madhya Pradesh High Court
Rakesh Kachhwaha vs The State Of Madhya Pradesh on 15 July, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-4758-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 4758 of 2024
(RAKESH KACHHWAHA Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 15-07-2025
Smt. Archana Tiwari - learned counsel for the appellant.
Shri Anubhav Jain - learned Government Advocate for the respondent/
State.
Heard on I.A. No. 9107 of 2024 , which is first application under
Section 389 (1) of Cr.P.C. on behalf of appellant Rakesh Kachhwaha for
suspension of sentence and release on bail.
The appellant is aggrieved of the judgment dated 13.02.2024 passed by
the Special Judge (POCSO Act), Mandla whereby the appellant has been
convicted under Section 450 IPC and sentenced to 2 years' R.I. with fine of
Rs.1,000/-, Section 5(L)/6 of POCSO Act and sentenced to 20 years' R.I.
with fine of Rs. 3,000/-, Section 376(3) of IPC and sentenced to 20 years'
R.I. with fine of Rs. 3,000/-,Section 3(1)(w)(i) of S.C./ S.T. Act and
sentenced to 6 months' R.I. with fine of Rs.500/- and Section 3(2)(v) of S.C./
S.T. Act and sentenced to life imprisonment with fine of Rs.2,000/- along
with default stipulations.
Learned counsel for the appellant submits that appellant is innocent
and has been falsely implicated in this case. She submits that Ex. P/52
reveals that foetus which was subjected to D.N.A. examination reveals that
appellant is not biological father of the said foetus, therefore, allegation of
violation of privacy has been shifted from someone else to the appellant, who
2 CRA-4758-2024
happens to be uncle of the victim. There are good chances of success of the
appeal. Hence, prayer is made to suspend the remaining jail sentence of the
appellant and to release him on bail.
Shri Anubhav Jain, learned Government Advocate, on the other hand,
opposes the prayer for suspension of sentence and grant of bail.
After hearing learned counsel for the parties and going through the
record, 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. Accordingly, I.A. No.
9107 of 2024 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.30,000/- (Rupees Thirty
Thousand Only) with two solvent sureties in the like amount to the
satisfaction of the Trial Court for his appearance before the Trial Court on
16.10.2025 and such other dates as may be fixed by the Trial Court, the
execution of remaining part of jail sentence imposed upon appellant Rakesh
Kachhwaha shall remain suspended and he shall be released on bail till final
disposal of this appeal.
C. C. as per rules.
(VIVEK AGARWAL) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
VSG
