Madhya Pradesh High Court
Chhotu @ Chhote @ Umashnkar vs The State Of Madhya Pradesh on 11 September, 2025
1 CRA-5217-2019
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 5217 of 2019
(CHHOTU @ CHHOTE @ UMASHNKAR Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 11-09-2025
Ms. Indu Pandey - Advocate for the appellant.
Shri Amit Pandey - Public Prosecutor for the respondent/State.
Shri Mayank Singh - Advocate for the objector.
At the outset, learned counsel for the appellant prays for withdrawal of
I.A.No.13846 of 2023, application for ad interim bail.
Prayer allowed.
Accordingly, I.A.No.13846 of 2023 is dismissed as withdrawn.
Heard on I.A.No.8516 of 2025, which is the sixth application under
Section 430 of the BNSS, 2023/389(1) of the Cr.P.C. for suspension of
sentence and grant of bail to the appellant.
His first and second applications were dismissed as withdrawn vide
orders dated 03.12.2019 and 05.01.2021 respectively, third application was
dismissed for want of prosecution vide order dated 17.03.2023 and fourth
application was dismissed as withdrawn vide order dated 17.10.2024.
The appellant is aggrieved of the judgment dated 07.06.2019 passed by
the learned Special Judge (SC/ST (Prevention of Atrocities) Act,
Narsinghpur in SC ATR No.223/2016, whereby the appellant stands
convicted and sentenced as under:-
Conviction Sentence
Imprisonment
Section Act Imprisonment Fine
in lieu of fine
376(1) R/w I.P.C. & Life R.I for 2
2 CRA-5217-2019
376(1) R/w I.P.C. & Life R.I for 2
Rs.5,000/-
3(2) (V) SC/ST Act Imprisonment months
R.I. for 15
506(II) I.P.C. R.I. for 2 years Rs.1,000/-
days.
R.I. for 15
451 I.P.C. R.I. for 1 year Rs.1,000/-
days.
354 R/w 3(2) I.P.C. & R.I. for 15
R.I. for 1 year Rs.1,000/-
(va) SC/ST Act days.
Learned counsel for appellant submits that appellant is innocent and he
has been falsely implicated in this case. There are material contradictions in
the statements of the witnesses. There are no criminal antecedents of the
appellant. The appellant is in jail. This appeal is of the year 2019 and there is
no possibility of early hearing of the appeal in near future. He is ready to
furnish adequate surety and shall abide by the directions and conditions,
which may be imposed by this Court. Hence, it is prayed that the application
for suspension of sentence may be allowed.
On the other hand, learned counsel for the respondent/State has
opposed the application and supported the impugned judgment of conviction
and sentence passed by the trial court.
Learned counsel for the objector has no objection to the prayer made
by the appellant.
Considering the arguments advanced by learned counsel for the parties
and looking to the age of the appellant and no criminal background, we are
of the opinion that the application for suspension of sentence and grant of
bail filed on behalf of the appellant can be considered.
It is directed that remaining jail sentence awarded to appellant shall
remain suspended and he be released on bail subject to his depositing the
3 CRA-5217-2019
amount of fine, if not already deposited, and on furnishing a personal bond in
the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety
of like amount to the satisfaction of the trial Court concerned for his
appearance before the Registry of this Court on 18.12.2025 and on such
other dates as may be fixed in this regard.
Accordingly, I.A.No.8516 of 2025 stands allowed and disposed of.
I.A.No.6606 of 2025, application for no objection in granting
suspension of sentence and grant of bail to the appellant is accordingly
disposed of.
List the matter for final hearing in due course.
(VIVEK KUMAR SINGH) (AJAY KUMAR NIRANKARI)
JUDGE JUDGE
SSL
