Madhya Pradesh High Court
Ramnaresh vs The State Of Madhya Pradesh on 28 October, 2025
1 CRA-11551-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 11551 of 2024
(RAMNARESH AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 28-10-2025
Mr. Manoj Kumar Mishra - Advocate for appellants.
Ms. Nupur Dhamija - Public Prosecutor for State.
Heard on admission.
The appeal is admitted for hearing.
Also heard on I.A. No.24587 of 2025, which is a first application
under Section 389(1) of the Cr.P.C./430(1) of the BNSS for suspension of
jail sentence and grant of bail to appellant No.1 Ramnaresh and I.A.
No.24585 of 2025, which is a second application under Section 389(1) of the
Cr.P.C./430(1) of the BNSS for suspension of jail sentence and grant of bail
to appellant No.2 Kallan @ Raju Ahirwar. The first application of the
appellant No.2 has been dismissed as withdrawn vide order dated
10.02.2025. These applications have been filed on the ground of custody
period.
This Criminal Appeal assails the judgment dated 23.08.2024 passed by
the learned Additional Judge to the Court of Additional Sessions Judge,
Lavkushnagar, District Chhatarpur (M.P.), in Sessions Trial No.32 of 2023,
whereby the present appellants have been convicted for offence punishable
under Sections 306, 323/34 and 342 of the Indian Penal Code and sentenced
to undergo five years RI and fine of Rs.1,000/-, six months RI and fine of
Rs.500/- and six months RI and fine of Rs.500/-respectively with default
2 CRA-11551-2024
stipulations.
Learned counsel appearing on behalf of the appellants submits that the
present appellants have already undergone more than half of the sentence
awarded to him.
It is further submitted that during the course of trial, the appellant No.1
remained in custody for a period of one year, four months and nine days and
has been in continuous custody since the date of the impugned judgment. In
total, he has undergone more than two years and six months' incarceration.
Similarly, appellant No.2 remained in custody for a period of one year, five
months and nine days and has been in continuous custody since the date of
the impugned judgment. In total, he has undergone more than two years and
seven months' incarceration. It is further submitted that there are material
contradictions, omissions and discrepancies in the statements of the
prosecution witnesses, coupled with inherent infirmities in the prosecution
case, which render the prosecution story doubtful. It is further submitted
that the final disposal of this appeal will take considerable time. The
appellants are ready to comply with the conditions as may be imposed by
this Court. In view of the aforesaid submissions, it is prayed that the
remaining jail sentence of present appellants be suspended and they may be
released on bail.
Per contra, learned counsel for the State has vehemently opposed the
application and prayed for its rejection.
Having heard the rival contentions of learned counsel for the parties,
perused the record and keeping in view the attending facts and circumstances
3 CRA-11551-2024
of case, but without commenting on merits of the case, in the considered
opinion of this Court, I.A. Nos.24587 and 24585 of 2025 are hereby allowed.
Subject to depositing of entire fine amount, if not already deposited, and on
furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) each
with a solvent surety each of the like amount to the satisfaction of the
concerned trial Court, the remaining jail sentence of present appellants shall
remain suspended and they be released on bail. The appellants are directed to
mark their appearance before the concerned trial Court on 19.01.2026 and on
subsequent dates given by the trial Court in this regard, till final disposal of
this appeal.
List this case for final hearing in due course.
Certified copy as per rules.
(RAJENDRA KUMAR VANI)
JUDGE
THK
