Madhya Pradesh High Court
Rameshwar Singh Kushram vs The State Of Madhya Pradesh on 16 July, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-10465-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 10465 of 2022
(RAMESHWAR SINGH KUSHRAM Vs THE STATE OF MADHYA PRADESH )
CRA/1385/2023
Dated : 16-07-2025
In CRA No. 10465 of 2022
Ms. Savita Choudhary - learned counsel for the appellant - Rameshwar
Singh Kushram.
Shri Manas Mani Verma - learned Government Advocate for the respondent/
State.
In CRA No. 1385 of 2023 Shri Kapil Pathak - learned counsel for the appellant - Lalita Bai. Shri Manas Mani Verma - learned Government Advocate for the respondent/ State.
Heard on I.A. No. 7955 of 2023 , which is first application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail to the appellant Rameshwar Singh Kushram in CRA No. 10465 of 2022 and I.A. No. 16975 of 2023, which is first application under Section 389(1) of Cr.P.C. on behalf of appellant Lalita Bai in CRA No. 1385 of 2023.
Both these appeals have been filed by the appellants being aggrieved of the judgment dated 22.09.2022 passed by the learned Special Judge, POCSO Act, District Anuppur in Special Case No. 32/2018 whereby the appellants have been Signature Not Verified Signed by: VIKRAM SINGH Signing time: 23-07-2025 18:33:37 2 CRA-10465-2022 convicted in the following manner :-
Accused / Rameshwar Singh Kushram in CRA No. 10465 of 2022.
Conviction Sentence
Imprisonment in
Section Act Imprisonment Fine
lieu of fine
363 IPC 5 years' R.I. Rs. 5,000/- R.I. for 05 months
366-A IPC 07 years' R.I. Rs.5,000/- R.I. for 07 months
368 IPC 05 years' R.I. Rs.5,000/- R.I. for 05 months
370(4)/109 IPC 12 year' R.I. Rs.10,000/- R.I. for 10 months
376(2)(i)
IPC 12 years' R.I. Rs.10,000/- R.I. for 10 months
(n)
POCSO
5(G)/6 20 years' R.I. Rs.10,000/- R.I. for 10 months
Act
Accused / appellant Lalita Bai in CRA 1385 of 2023.
Conviction Sentence
Imprisonment in
Section Act Imprisonment Fine
lieu of fine
R.I. for 05
363 IPC 5 years' R.I. Rs. 5,000/-
months
R.I. for 07
366-A IPC 07 years' R.I. Rs.5,000/-
months
R.I. for 05
368 IPC 05 years' R.I. Rs.5,000/-
months
R.I. for 10
370(4) IPC 12 year' R.I. Rs.10,000/-
months
376(2)(i)(n)/ R.I. for 10
IPC 12 years' R.I. Rs.10,000/-
109 months
POCSO R.I. for 10
5(Chha)/6 20 years' R.I. Rs.10,000/-
Act months
R.I. for 05
3(2)(5) SC/ ST Act 12 years' R.I. Rs.5,000/-
months
Learned counsel for the appellants submit that appellants are innocent and have been falsely implicated in this case. It is further submitted that the prosecutrix/ victim (P.W.1) has turned hostile as far as appellant Rameshwar Signature Not Verified Signed by: VIKRAM SINGH Signing time: 23-07-2025 18:33:37
3 CRA-10465-2022 Singh Kushram is concerned. She has also not supported the prosecution case against appellant Lalita Bai. Hence, prayer is made to suspend the remaining jail sentence of the appellants and to release them on bail.
Shri Manas Mani Verma, on the other hand, opposes the prayer for suspension of sentence and grant of bail to the appellants.
After hearing learned counsel for the parties and going through the record, 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 the appellants and to release them on bail. Hence, I.A. No. 7955 of 2023 in CRA No. 10465 of 2022 and I.A. No. 16975 of 2023 in CRA No. 1385 of 2023 are allowed.
It is directed that on depositing the fine amount, if not already deposited and on furnishing personal bonds to the tune of Rs.50,000/- (Rupees Fifty Thousand Only) each with two solvent sureties each in the like amount to the satisfaction of the Trial Court for their appearance before the Trial Court on 16.10.2025 and such other dates as may be fixed by the Trial Court, the execution of remaining part of jail sentence imposed upon appellant Rameshwar Singh Kushram in CRA No. 10465 of 2022 and appellant Lalita Bai in CRA No. 1385 of 2023 shall remain suspended and they shall be released on bail till final disposal of these appeals.
C. C. as per rules.
(VIVEK AGARWAL) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
VSG
Signature Not Verified
Signed by: VIKRAM SINGH
Signing time: 23-07-2025
18:33:37