Madhya Pradesh High Court
Saukhilal Kol Urf Manoj Kol vs The State Of Madhya Pradesh on 29 July, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-1682-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 1682 of 2025
(RAKESH AGRAWAL @ RAKESH CHIKNA AND OTHERS Vs THE STATE OF MADHYA PRADESH )
CRA/1762/2025
Dated : 29-07-2025
In Criminal Appeal No.1682/2025
Shri Ahadullah Usmani, learned counsel for the appellant No.1 Rakesh
Agarwal @ Rakesh Chikna & Appellant No.2 Kamal Agarwal.
Shri Shiv Kumar Shrivastava, learned Public Prosecutor for the
respondent/State.
In Criminal Appeal No.1762/2025
Shri Jagdish Prasad Singrol, learned counsel for the appellant -
Saukhilal Kol urf Manoj Kol.
Shri Shiv Kumar Shrivastava, learned Public Prosecutor for the
respondent/State.
Heard on I.A. No.4975/2025, which is an application for condonation
of delay, in Cr.A. No.1762/2025.
On due consideration, I.A. No.4975/2025 is allowed. Delay in filing
the appeal is hereby condoned.
Also Heard on I.A. No.8832/2025, an application under Section 389(1)
of Cr.P.C. for suspension of sentence and grant of bail to the appellant No.1
Rakesh Agarwal @ Rakesh Chikna & Appellant No.2 Kamal Agarwal in
Cr.A. No.1682/2025 and I.A. No.7731/2025, an application under Section
389(1) of Cr.P.C. for suspension of sentence and grant of bail to the
appellant -Saukhilal Kol urf Manoj Kol in Cr.A. No.1762/2025.
2 CRA-1682-2025
All these appeals are filed being aggrieved of judgment dated
13.12.2024 passed in SC No.02/2020 by the learned VIth Additional
Sessions Judge, Satna whereby appellants have been convicted in the
following manners:-
Accused/appellant No.1 Rakesh Agarwal @ Rakesh Chikna in Cr.A.
1682/2025.
Conviction Sentence
Imprisonment
Section Act Imprisonment Fine
in lieu of fine
R.I for six
Life Rs.2,000/- (2
302 (2 counts) I.P.C. months for
imprisonment counts)
each count
R.I. for one
25(1-B)(a) Arms Act R.I. for 3 years Rs.1,000/-
month
R.I. for one
27(1) Arms Act R.I. for 3 years Rs.1,000/-
month
Accused/appellant No.2 - Kamal Agarwal in Cr.A. No.1682/2025.
Conviction Sentence
Imprisonment
Section Act Imprisonment Fine
in lieu of fine
Life R.I. for six
120-B IPC Rs.2,000/-
Imprisonment months
Accused/appellant - Saukhilal Kol urf Manoj Kol in Cr.A.
No.1762/2025.
Conviction Sentence
Imprisonment
Section Act Imprisonment Fine
in lieu of fine
Life R.I. for six
120-B IPC Rs.2,000/-
Imprisonment months
3 CRA-1682-2025
At the outset, learned counsel for appellants prays for withdrawal of
I.A. No.8832/2025 qua appellant No.1 Rakesh Agarwal @ Rakesh Chikna
s/o Ramsevak Agarwal.
Accordingly, I.A. No8832/2025 qua appellant No.1 Rakesh Agarwal
@ Rakesh Chikna s/o Ramsevak Agarwal is dismissed as withdrawn.
It is submitted that there are omnibus and general allegations as far as
Saukhilal Kol urf Manoj Kol is concerned, so also there is no material to
connect Kamal Agarwal except for the memorandum of the main accused
Rakesh Agarwal @ Rakesh Chikna, who had given his memorandum, as
contained in Ex.P-8. There is no recovery from Kamal Agrawal, consequent
to said memorandum and in view of the evidence of PW-1, who has not
taken name of Saukhilal Kol urf Manoj Kol. There are good chances of
success, therefore, prays for suspension of sentence and grant of bail to the
appellant No.2 Kamal Agarwal in Cr.A. No.1682/2025 and appellant -
Saukhilal Kol urf Manoj Kol in Cr.A. No.1762/2025
Shri Shiv Kumar Sharma, learned Public Prosecutor opposes the
prayer for suspension of sentence and grant of bail to the appellant No.2
Kamal Agarwal in Cr.A. 1682/2025 and appellant - Saukhilal Kol urf Manoj
Kol in Cr.A. No.1762/2025.
Taking these facts into consideration and without commenting on
merits of the case, this Court is of the opinion that it is a fit case to suspend
the remaining part of the jail sentence of the appellant No.2 Kamal Agarwal
in Cr.A. No.1682/2025 and appellant - Saukhilal Kol urf Manoj Kol in Cr.A.
No. 1762/2025 and release them on bail.
4 CRA-1682-2025
Accordingly, I.A. No.8832/2025 qua appellant No.2 Kamal Agarwal
and I.A. No.7731/2025 are allowed.
It is directed that on depositing of fine amount, if not already
deposited and on furnishing personal bond to the tune of Rs.50,000/-
(Rupees Fifty Thousand Only) each with two sureties each in the like
amount to the satisfaction of the Trial Court for their appearance before the
Trial Court on 21.11.2025 and on all subsequent dates as may be fixed by the
concerned Court, the execution of remaining part of the jail sentence of
appellant No.2 Kamal Agarwal and appellant - Saukhilal Kol urf Manoj
Kol of both the above criminal appeal shall remain suspended and they be
released on bail till final disposal of this appeal.
List for final hearing in due course.
I.A. No.12475/2025, an application for urgent hearing during summer
vacation is disposed of.
Certified copy as per rules.
(VIVEK AGARWAL) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
MTK
