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Madhya Pradesh High Court
Swamideen Kushwaha vs The State Of Madhya Pradesh on 12 January, 2026
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-7743-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 7743 of 2025
(SWAMIDEEN KUSHWAHA AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 12-01-2026
Shri Arvind Kumar Shrivastava, Advocate for appellants.
Shri Manas Mani Verma, Govt. Advocate for the respondent-State.
Heard on I.A.No.480/2026 and I.A.No.784/2026, which are
applications for change of counsel.
On due consideration, I.A.No.480/2026 and I.A.No.784/2026 are
allowed.
Appellants are permitted to change their counsel.
At this stage, learned counsel for appellants prays for withdrawal of
I.A.No.19153/2025, which is an application for suspension of sentence and
grant of bail to the appellant No.2-Ramcharan Kushwaha.
Accordingly, I.A.No.19153/2025 is dismissed qua appellant No.2
Ramcharan Kushwaha.
Heard on I.A.No.19153/2025 filed on behalf of appellant No.1
Swamideen Kushwaha, for suspension of sentence and grant of bail.
Appellant No.1 Swamideen Kushwaha is aggrieved of the judgment
dated 28.07.2025, passed by the learned Second Additional Session Judge
Amarpatan District Satna (M.P.), in Special Case No.108/2028, whereby,
appellant No.1 Swamideen Kushwaha has been convicted for offence
punishable under Section 147 of IPC and sentenced to undergo R.I. for 1
years with fine of Rs.500/-, Section 364/149 of IPC and sentenced to
2 CRA-7743-2025
undergo R.I. for 7 years with fine of Rs.1,000/-, Section 302/149 of IPC, he
is sentenced to undergo R.I. for life with fine of Rs.2,000/- and Section 201
of IPC, he is sentenced to undergo R.I. for 03 years with fine of Rs.500/- and
Section 506-II of IPC, he is sentenced to undergo R.I. for life with fine of
Rs.1,000/-, with default stipulations, respectively.
Learned counsel for appellants submitted that its a case of false
implication as is evident from the evidence of Prachi Singh Parihar (PW/1),
Laxman Singh (PW/3) who are admittedly planted witnesses and Bhanu
Pratap Singh (PW/5).
When testimony of Laxman Singh (PW/3) and Bhanu Pratap Singh
(PW/5) is read in the light of testimony of Prachi Singh Parihar (PW/1), it is
apparent that they are planted witnesses. Hence, prayer is made to suspend
the remaining jail sentence of the appellant No.1 Swamideen Kushwaha and
release him on bail.
Shri Manas Mani Verma, learned Govt. Advocate opposes the prayer
of the appellant No.1 Swamideen Kushwaha and submits that in the FSL
report, lathi, contains human blood vide Article 'K', was recovered at the
instant of appellant No.2 Ramcharan Kushwaha.
After hearing learned counsel for the parties and going through the
record, this Court is of the opinion that it is a fit case to suspend the
remaining part of the jail sentence of the present appellant No.1 Swamideen
Kushwaha and to release him on bail.
3 CRA-7743-2025
Taking these facts into consideration and other circumstances, 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 in the like amount to the
satisfaction of the Trial Court for his appearance before the Trial Court on
23.04.2026 and such other dates as may be fixed by the Trial Court, the
execution of remaining part of the jail sentence imposed upon Appellant
No.1 Swamideen Kushwaha shall remain suspended and he shall be released
on bail till final disposal of this appeal.
I.A.No.19153/2025 is allowed qua appellant No.1 Swamideen
Kushwaha & disposed of.
Certified copy as per rules.
(VIVEK AGARWAL) (RATNESH CHANDRA SINGH BISEN)
JUDGE JUDGE
A.Praj.
