Madhya Pradesh High Court
Lakhan Kushwaha vs The State Of Madhya Pradesh on 18 November, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-6662-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 6662 of 2024
(LAKHAN KUSHWAHA AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 18-11-2025
Shri Ambuj Jain, learned counsel for the appellants.
Shri Nitin Gupta, learned Public Prosecutor for the respondent/State.
Heard on I.A. No.9400/2025, which is first application under Section
430(1) of BNSS/389(1) of Cr.P.C. for suspension of sentence and grant of bail to
the appellant No.2-Rajkumar alias Raju Kushwaha, S/o Chhatar Singh
Kushwaha.
This appeal is filed being aggrieved of judgment dated 10/05/2024 passed
in Special Case No.SC/15/2023 by the learned 3rd Additional Sessions
Judge/Special Judge (POCSO) Act, Sagar (MP) whereby appellant No.2-
Rajkumar alias Raju Kushwaha has been convicted in the following manners:-
Conviction Sentence
Imprisonment
Section Act Imprisonment Fine
in lieu of fine
Life R.I for two
376 (3) I.P.C. Rs.2,000/-
imprisonment years
Life R.I. for two
376(2)(f) IPC Rs.2,000/-
Imprisonment years
Life R.I. for two
5(l) r/w 6 POCSO Rs.2,000/-
Imprisonment years
R.I. for five R.I. for one
506 Part-II IPC Rs.1,000/-
years year
376(2)(n) IPC NIL NIL NIL
2 CRA-6662-2024
It is submitted by learned counsel for appellants that appellant No.2 is
innocent and he has been falsely implicated in the matter. It is also submitted that
DNA report (Ex.P/31) is positive qua appellant No.1-Lakhan Kushwaha only.
There are general and omnibus allegations against appellant No.2. There are good
chances of success in appeal. Hence, prayer is made to suspend the remaining jail
sentence of the appellant No.2-Rajkumar alias Raju Kushwaha and to release them
on bail.
Shri Nitin Gupta, learned Public Prosecutor for the State, in his turn,
opposes the prayer for suspension of sentence and grant of bail and submits that
Lakhan Kushwaha is the main accused but there are also allegations on appellant
No.2-Rajkumar alias Raju Kushwaha of helping him in delivery of the child and
projecting as his wife had given birth to that child, thus appellant No.2-Rajkumar
alias Raju Kushwaha is an abettor at least.
After hearing learned counsel for the parties and going through the record
so also looking to 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 appellant No.2-
Rajkumar alias Raju Kushwaha and to release him on bail.
Accordingly, I.A. No.9400/2025 is allowed and disposed of.
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 in the like amount to the
satisfaction of the trial court for his appearance before the trial court on
22.01.2026 and on such other dates as may be fixed by the trial court, the
3 CRA-6662-2024
execution of remaining part of the jail sentence imposed upon appellant No.2-
Rajkumar alias Raju Kushwaha shall remain suspended and he be released on bail
till final disposal of this appeal.
List the case for final hearing in Part-B of the cause list as per its turn and
seniority.
Certified copy as per rules.
(VIVEK AGARWAL) (RAMKUMAR CHOUBEY)
JUDGE JUDGE
ts
