Madhya Pradesh High Court
Suresh Kumar Gupta vs The State Of Madhya Pradesh on 17 October, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-5151-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 5151 of 2025
(SURESH KUMAR GUPTA AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 17-10-2025
Shri Ashok Kumar Kosta - Advocate for the appellants.
Shri Ajay Tamrakar - Government Advocate appearing on behalf of
Advocate General for State of M.P.
Heard on I.A.No.12284/2025, which is first application for suspension
of remaining sentence and grant of bail under Section 430 of B.N.S.S. 2023
filed on behalf of appellant no.1- Suresh Kumar Gupta, appellant no.2-
Dharmendra Gupta and appellant no.3- Chandra Shekar Gupta.
This appeal is filed by the appellant nos. 1, 2 and 3 being aggrieved of
judgment dated 15.5.2025 passed by the learned Special Judge, (SC/ST
Prevention of Atrocities) Act, District Jabalpur, (M.P.) in SCATR No.102 of
2016, whereby the appellant nos. 1, 2 and 3 have been convicted and
sentenced as under :-
Appellant t no.1- Suresh Kumar Gupta :-
Conviction S e n t e n ce
Section Act Imprisonment Fine if Imprisonment
fine deposited in lieu of Fine
details
366 (two IPC R.I. for 5-5 Rs.1000- R.I. for 6
counts) years. 1000/- months.
376 (घ) (two IPC R.I. for 20-20 Rs.1000- R.I. for six
counts) years. 1000/- months.
2 CRA-5151-2025
Appellant no.2- Dharmendra Gupta :-
Conviction S e n t e n ce
Section Act Imprisonment Fine if Imprisonment
fine deposited in lieu of Fine
details
366 (two IPC R.I. for 5-5 Rs.1000- R.I. for 6
counts) years. 1000/- months.
376 (घ) (two IPC R.I. for 20-20 Rs.1000- R.I. for six
counts) years. 1000/- months.
Appellant no.3- Chandra Shekhar Gupta :-
Conviction S e n t e n ce
Section Act Imprisonment Fine if Imprisonment
fine deposited in lieu of Fine
details
366 (two IPC R.I. for 5-5 Rs.1000- R.I. for 6
counts) years. 1000/- months.
376 (घ) (two IPC R.I. for 20-20 Rs.1000- R.I. for six
counts) years. 1000/- months.
Learned counsel for appellant nos.1, 2 and 3 submits that the victim
was consent adult. The dispute was with regard to money transaction, as
admitted by PW-3. Lady Doctor (PW-7) did not find any injury on the
private parts of the victim. PW-4 did not appear to complete her cross-
examination therefore her evidence cannot be read in totality. There are good
chances of success, hence prayer is made for suspension of remaining jail
sentence and grant of bail to the appellant nos. 1, 2 and 3.
Shri Ajay Tamrakar, learned Government Advocate for the State
3 CRA-5151-2025
opposes the application for suspension of sentence and prays for dismissal of
instant interlocutory application.
After hearing learned counsel for the parties and considering the fact
that there appears to be good chances of success in appeal, without
commenting on merits of the case, this Court is of the opinion that it is a fit
case to suspend the remaining part of jail sentence of appellant no.1- Suresh
Kumar Gupta, appellant no.2- Dharmendra Gupta and appellant no.3-
Chandra Shekar Gupta and release them on bail.
Accordingly, I.A.No.12284/2025 is allowed.
It is directed that on depositing of fine amount, if not already deposited
and on furnishing personal bond to the tune of Rs.50,000/- (Rupees Fifty
Thousand only) each with two sureties in the like amount each to the
satisfaction of the trial Court for their appearance before the trial Court
18.12.2025 and on all subsequent dates as may be fixed by the concerned
Court, the execution of remaining part of the jail sentence of appellant no.1-
Suresh Kumar Gupta, appellant no.2- Dharmendra Gupta and appellant no.3-
Chandra Shekar Gupta shall remain suspended and they be released on bail
till final disposal of this appeal.
List for final hearing in due course.
C.C. as per rules.
(VIVEK AGARWAL) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
bks
