IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 2327 of 2021 (RAJU @ RAJKUMAR Vs THE STATE OF MADHYA PRADESH )

Dated : 06-02-2026 Shri Amanulla Usmani, learned counsel for the appellant.

Shri Veer Vikrant Singh, learned Deputy Advocate General for respondent/State.

Heard on I.A. No.23970/2025, which is fourth application under Section 389(1) of Cr.P.C./430(1) of BNSS,2023 for suspension of sentence and grant of bail to appellant-Raju @ Rajkumar.

The appellant is aggrieved of the judgment dated 08.07.2019 passed by the learned Special Judge, POCSO, Chhindawara in SC No.300064/2016, whereby the appellant stands convicted and sentenced as under :-

Learned counsel for the appellant submitted that appellant is innocent and has been falsely implicated in this case. There are general and omnibus allegations against the present appellant. Neither there is any positive FSL report nor seizure of any of the photographs or videograph. It appears to be a case of personal enmity. Accused is in jail for over 9 years. It is a matter of consent. Age of victim is also doubtful. There are good chances of success in the appeal. Hence, prayer is made to suspend the remaining jail sentence of the appellant and to release him on bail.

Shri Veer Vikrant Singh, learned Public Prosecutor for the State, in his turn, opposes the prayer for suspension of sentence and grant of bail.

After hearing learned counsel for the parties and going through the record so also the fact that the appeal is going to take time for its disposal, 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 appellant and to release him on bail. I.A. No.23970/2025 is accordingly allowed.

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 Thirty Thousand Only) with two solvent sureties each in the like amount to the satisfaction of the trial court for his appearance before the trial court on 28.04.2026 and such other dates as may be fixed by the trial court, the execution of remaining part of the jail sentence imposed upon appellant shall remain suspended and he shall be released on bail till final disposal of this appeal.

I.A.No.23970/2025 is allowed & disposed of.

List the case for final hearing in Part-B of the cause list as per its turn and seniority.

Certified copy as per rules.

(VIVEK AGARWAL) (RATNESH CHANDRA SINGH BISEN)

JUDGE JUDGE RS