Madhya Pradesh High Court
Uttam Rawat vs The State Of Madhya Pradesh on 16 July, 2025
Author: Anand Pathak
Bench: Anand Pathak
1 CRA-3752-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 3752 of 2024
(UTTAM RAWAT Vs THE STATE OF MADHYA PRADESH )
Dated : 16-07-2025
Shri D.S.Raghuvanshi, learned counsel for the appellant.
Ms. Anjali Gyanani, learned Government Advocate for
respondent/State.
Heard on I.A.No.5957/2025, first application under Section 389(1) of
Cr.P.C. on behalf of appellant - Uttam Rawat for suspension of sentence and
grant of bail.
2. This criminal appeal assails the judgment dated 06.12.2023 passed
by First Additional Sessions Judge, Karera, District Shivpuri (M.P.) in ST
No.119/2021; whereby, present appellant has been convicted and sentenced
as under :-
Section Imprisonment Fine
302 of IPC L.I. Rs.1000/- with default stipulation
3 . It is the submission of counsel for present appellant that the trial
Court erred in convicting and awarding jail sentence to appellant. It is further
submitted that present appellant has suffered more than 4 years and 7 months
of incarceration as pre and post trial confinement. He referred Dehati Nalishi
(Ex.P-3) and FIR (Ex.P-11) in which complainant - Balram Rawat (PW-4)
referred the fact that his mother Khumania Bai met with an accident and
suffered injury. In his statement, he changed his version and referred the fact
2 CRA-3752-2024
that it was appellant -Uttam who inflicted Lathi blow to his mother who
succumbed to the injury. Initially, Khumania Bai was medically examined
by Dr. Jagdish of Dabra city, but he was not examined by the prosecution to
infer the real cause of injuries. Investigating Officer (PW-7), admitted this
fact. Therefore, because of contradictions and omissions surfaced in Dehati
Nalishi / FIR / Statement under Section 161 of Cr.P.C. viz-a-viz Court
statement, case is rendered of false implication. The final hearing of the
appeal shall take some time and he has a good case on merits. He undertakes
to abide by all terms and conditions as imposed by this Court. Under such
circumstances, learned counsel prays for suspension of sentence and grant of
bail to the present appellant.
4. Per contra, learned counsel for the respondent/State vehemently
opposed the prayer and prayed for dismissal application.
5. Heard learned counsel for the parties, and record perused.
6. Considering the submissions and the arguments advanced by
counsel for the parties, but without commenting on the merits of the case,
I.A.No.5957/2025 filed on behalf of appellant - Uttam Rawat stands allowed
and it is directed that the jail sentence of present appellant shall remain
suspended during pendency of the present appeal and he shall be released on
bail subject to verification of the factum of depositing the fine amount and
on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand Only) with one solvent surety in the like amount to the satisfaction
of the Trial Court concerned. The appellant is directed to appear before the
Registry of this Court first on 15/10/2025 and on other subsequent dates as
3 CRA-3752-2024
may be fixed in this behalf.
7 . Present appellant shall not be a source of embarrassment and
harassment to the complainant/victim side in any manner and he shall not
move in their vicinity; otherwise, benefit of bail given today by way of
suspension of sentence shall be withdrawn immediately.
8. Accordingly, the application stands disposed of.
9 . Copy of this order be sent to the trial Court concerned for
information and necessary compliance.
(ANAND PATHAK) (HIRDESH)
JUDGE JUDGE
Ashish*
