Santosh Rawat vs The State Of Madhya Pradesh
2025 Latest Caselaw 2378 MP

Madhya Pradesh High Court

Santosh Rawat vs The State Of Madhya Pradesh on 1 August, 2025

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                                 1                                CRA-10066-2023
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         CRA No. 10066 of 2023

(SANTOSH RAWAT Vs THE STATE OF MADHYA PRADESH )

Dated : 01-08-2025 Shri Ranu Singh Mehndiratta - Advocate for the appellant. Shri Ajay Tamrakar - Government Advocate appearing on behalf of Advocate General.

In view of FSL report (Ex.P-18) and also the evidence of Dr. Atul Tiwari ( PW-10) that injury could be fatal for death of the deceased, i.e. head

injury could not have been caused to due fall of a person under the influence of alcohol prays for withdrawal of I.A. No.24246 of 2023 , first application under Section 389 (1) of Cr.P.C. for suspension of remaining jail sentence and grant of bail.

Accordingly, I.A. No.24246 of 2023 is dismissed as withdrawn. Before parting, we are constrained to observe that learned Fifth Additional Sessions Judge, Sidhi, Shri Umesh Kumar Sharma has made unwarranted observation in Para-23 of the judgment that accused - Santosh Rawat in his statement under Section 313 of Cr.P.C. admitted his presence

with deceased Poolwati before her death.

On carefully going through the statement under Section 313 of Cr.P.C,, we do not find any such admission by appellant - Santosh Rawat and, therefore, this observation being contrary to the record needs an issuance of warning to the concerned Fifth Additional Sessions Judge, Sidhi Shri Umesh Kumar Sharma to take care in future else such superfluous and

2 CRA-10066-2023 unwarranted observation may prejudice the prosecution and the outcome of the case.

Let this displeasure be communicated to said Shri Umesh Kumar Sharma, Fifth Additional Sessions Judge, Sidhi.

List for final hearing in due course.

                                 (VIVEK AGARWAL)                         (AVANINDRA KUMAR SINGH)
                                      JUDGE                                       JUDGE
                           bks