Madhya Pradesh High Court
Rajkumar Lodhi vs The State Of Madhya Pradesh on 29 July, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-1436-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 1436 of 2023
(RAJKUMAR LODHI Vs THE STATE OF MADHYA PRADESH )
Dated : 29-07-2025
Shri Rakesh Kumar Kesharwani - Advocate for the appellant.
Shri Manas Mani Verma - Public Prosecutor for the respondent-State.
Heard on I.A. No.6648/2025, which is second application under
Section 389(1) of the Cr.P.C./Section 430(1) of the Bhartiya Nagrik Suraksha
Sanhita, 2023 for suspension of sentence and grant of bail to appellant
Rajkumar Lodhi S/o Shri Udaybhan Lodhi. First application filed on behalf
of the appellant was dismissed vide order dated 06.12.2023.
The appellant is aggrieved of the judgment dated 31.12.2022 passed by
the learned Second Additional Sessions Judge, Sagar (M.P.) in S.T.
No.80/2018, whereby the appellant stands convicted and sentenced as
under:-
Conviction Sentence
Imprisonment in lieu
Section Act Imprisonment Fine
of fine
302 I.P.C. R.I. for life Rs.5,000/- R.I for 6 months.
307 (two
I.P.C. R.I. for 10 years Rs.5,000/- R.I. for 6 months.
counts)
436 I.P.C. R.I. for 2 years Rs.2,000/- R.I. for 3 months.
Explosive
R.I. for 5
6 Substance Rs.5,000/- R.I. for 6 months.
years
Act, 1887
It is submitted by Shri Rakesh Kumar Kesharwani, learned counsel for
the appellant that the appellant is innocent. He has been falsely implicated.
No test identification parade was performed. There are general and omnibus
2 CRA-1436-2023
allegations against the present appellant that he while acting as a servant to
co-accused Sunil, whose family members are licensee of detonators, etc., had
provided a gelatin rod to main accused Hemant @ Ashish and, thus, became
part of the conspiracy. However, it is submitted that in test identification
parade, present appellant Rajkumar Lodhi was not identified as the person
who had supplied the so-called gelatin rod to main accused Hemant @
Ashish. 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 and submits that no interference is called for in the
impugned judgment.
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.6648/2025 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.50,000/-
(Rupees Fifty 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 20.11.2025 and on such other dates as may be fixed by the
3 CRA-1436-2023
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 Rajkumar
Lodhi shall remain suspended and he shall be released on bail till final
disposal of this appeal.
I.A.No.6648/2025 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
pp
