Madhya Pradesh High Court
Uttam Alias Bindu vs The State Of Madhya Pradesh on 18 November, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-6649-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 6649 of 2025
(UTTAM ALIAS BINDU Vs THE STATE OF MADHYA PRADESH AND OTHERS )
CRA No. 8350 of 2025
(RAGHUVEER KOL Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 18-11-2025
Shri Ayush Choubey - Advocate for the appellants.
Shri Ajay Tamrakar - Government Advocate for the respondent/State.
According to the status report, no appeal has been filed by the other
accused persons.
Registry is requested to approach other convicted accused persons
through legal aid and offer them legal aid for filing appeal.
Let this exercise be completed within three working days from the date
of communication of this order.
Bench Secretary is directed to communicate this order to the High
Court Legal Services Committee during the course of the day.
Heard on I.A. No.16406/2025 and I.A. No.20838/2025, which are first
applications under Section 430(1) of BNSS for suspension of sentence and
grant of bail to appellants - Uttam alias Bindu and Raghuveer Kol,
respectively.
The appellants are aggrieved of the judgment dated 12.03.2025 passed
by the Special Judge, [SC/ST (Prevention of Atrocities) Act], Jabalpur
(M.P.) in SC(ATR) No.159 of 2022, whereby the learned trial Court has
convicted the appellant - Uttam alias Bindu for the offence under Section
302/34 of IPC and sentenced him with Life Imprisonment and fine of
2 CRA-6649-2025
Rs.10,000/-, Section 201 of IPC and sentenced him with 7 years R.I and fine
of Rs.10,000/-, Section 3(2)(v) of SC/ST Act (Atrocities) and sentenced him
with Life Imprisonment and fine of Rs.10,000/- and Section 3(2)(vi) of
SC/ST Act (Atrocities) with 7 years R.I with fine of Rs.10,000/- with default
stipulations and appellant Raghuveer Kol for the offence under Section
302/34 of IPC and sentenced him with Life Imprisonment and fine of
Rs.10,000/-, Section 201 of IPC and sentenced him with 7 years R.I and fine
of Rs.10,000/- with default stipulations.
Learned counsel for the appellants submits that the memorandum of
accused Lala @ Brijesh Burman taken on 22.10.2022, is not admissible,
inasmuch as, postmortem was conducted on 22.10.2022 at 01:30 PM,
whereas memorandum was drawn at 18:40 hours as contained in Ex.P/11,
which is contrary to the postmortem report (Ex.P/28). It is further submitted
that in the postmortem report, duration of the death is shown as 48 to 72
hours, whereas as per the memorandum, Lala along with Raghuveer had
taken deceased Santosh on 16.10.2022 at about 10 - 11 A.M. It is further
submitted that there are fair chances of success in this appeal. Hence, a
prayer is made to suspend the remaining jail sentence of the appellants and to
release them on bail.
Shri Ajay Tamrakar, learned Public Prosecutor, in his turn, supports
the impugned judgment and submits that memorandums Ex.P/1 and P/2 were
taken in the morning at 08:20 and 08:30 hours. However, he could not
explain the gap and duration as mentioned in the postmortem report
(Ex.P/28).
3 CRA-6649-2025
After hearing learned counsel for the parties and going through the
record, so also looking to the fact that the appeals will take considerable time
for their 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.16406/2025 and
I.A. No.20838/2025 are 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 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 29.01.2026 and on such other dates as may be fixed by the trial
court, which shall not be more than two times in a year, the execution of
remaining part of the jail sentence imposed upon appellants Uttam alias
Bindu and Raghveer Kol shall remain suspended and they shall be released
on bail till final disposal of this appeal.
I.A.No.16406/2025 and I.A. No.20838/2025 are allowed & disposed
of.
C.C. as per rules.
(VIVEK AGARWAL) (RAMKUMAR CHOUBEY)
JUDGE JUDGE
Vin**
