Madhya Pradesh High Court
Ranu Kushwah vs The State Of Madhya Pradesh on 10 October, 2025
Author: Anand Pathak
Bench: Anand Pathak
1 CRA-2683-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 2683 of 2025
(RANU KUSHWAH AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 10-10-2025
Shri Atul Gupta - Advocate for appellant No.1-Ranu Kushwah.
Shri Pallav Tripathi - Advocate for appellant No.2-Kallu Kashwah.
Shri Prem Singh Bhadoria - Advocate for appellant No.4-Virendra
Kushwah.
Shri B.P.S. Chauhan - Public Prosecutor for respondent/State.
1. Heard on I.A.No.19481/2025, I.A.No.19738/2025 & I.A.No.20417/2025,
applications under Section 389 (1) of Cr.P.C. moved on behalf of appellant No.4-
Virendra Kushwah, appellant No.2-Kallu Kushwah & appellant No.1 - Ranu
Kushwah respectively for suspension of sentence and grant of bail.
2. Appellants stood convicted and sentenced by judgment dated 18.02.2025
passed by Third Additional Sessions Judge, Datia in S.T. No.102/2017 as under:-
Section Imprisonment fine
147 of IPC Two Years RI Rs.1000/- with default stipulation
302/149 of IPC L.I. Rs.10,000/- with default stipulation
3 . At the outset, counsels for appellants inform this Court that case of
present appellants is covered by the case of appellant No.3-Ajay Ahirwar &
Appellant No.6-Brajendra Kushwah who are granted benefit of suspension of
sentence/grant of bail by this Court vide order dated 04/09/2025 passed in this
appeal. The facts and allegations of the case of present appellants stand at par with
facts and allegations against appellants No.3&6. Therefore, they seek parity.
4 . It is the submission of counsels for appellants that the trial Court erred in
convicting and awarding jail sentence to present appellants. They are suffering
confinement on false pretext. It is a case of accident which has been converted into
2 CRA-2683-2025
a case of murder by the prosecution. Neither any CCTV footage was available nor
any eyewitness account shows the involvement of present appellants in any
manner. Police even didn't bother to verify the vehicle number, which was
allegedly given by co-accused/appellant No.5-Arvind Kushwah in his memo
under Section 27 of Evidence Act. Even no motive can be attached to present
appellants in the present case. Due to political enmity, after 10 days of incident,
name of present appellants were included in the investigation. Date of accident is
12.12.2016 and FIR was registered on 23.12.2016. In merg enquiry, three different
persons were referred as suspects by the complainant. However, name of present
appellants were never referred. In absence of any eyewitness account/CCTV
footage/implicative recovery, the case is of false implication. Final hearing of the
appeal shall take some time and they have a good case on merits. They undertake
to abide by all terms and conditions as imposed by this Court. Thus, present
appellants be granted benefit of suspension of sentence.
5 . Per contra , counsel for the respondent/State opposed the prayer and
prayed for rejection of the applications, especially in view of the fact that appellant
No.2-Kallu Kushwah has criminal antecedents of six cases.
6. Heard the counsel for the parties and perused the record.
7. Considering the arguments advanced by counsel for the parties and the
factum of parity vis-a-vis co-accused/appellant No.3-Ajay Ahirwar & Appellant
No.6-Brajendra Kushwah, without commenting on merits of the case as there is no
possibility of early hearing of this appeal, I.A.No.19481/2025, I.A.No.19738/2025
& I.A.No.20417/2025 are hereby allowed and it is directed that the jail sentence of
appellant No.4-Virendra Kushwah, appellant No.2-Kallu Kushwah & appellant
No.1 - Ranu Kushwah shall remain suspended during pendency of the present
3 CRA-2683-2025
appeal and they shall be released on bail on their furnishing personal bond in the
sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety in
the like amount to the satisfaction of the Trial Court concerned and the deposit of
fine amount is deferred so that appellants may deposit the same if the appeal is
dismissed on merits. The present appellants are directed to appear before the
Registry of this Court first first on 13.11.2025 and thereafter, on other subsequent
dates as may be fixed in this behalf.
8. Present appellants shall not be a source of embarrassment and harassment
to the complainant/victim side in any manner and shall not move in their vicinity;
otherwise, benefit of bail given today by way of suspension of sentence shall be
withdrawn immediately.
9. I.A.No.19481/2025 , I.A.No.19738/2025 & I.A.No.20417/2025
stand allowed and disposed of, accordingly.
10. Observations on facts, if any, are only for the purpose of deciding the
instant I.As. and shall have no bearing on the merits of the appeal.
11. Copy of this order be sent to the trial Court concerned for information
and necessary compliance.
12. Certified copy as per rules.
(ANAND PATHAK) (PUSHPENDRA YADAV)
JUDGE JUDGE
(Dubey)
