Madhya Pradesh High Court
Tarun Chakrawarti Urf Golu vs The State Of Madhya Pradesh on 24 September, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-50-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 50 of 2024
(TARUN CHAKRAWARTI URF GOLU AND OTHERS Vs THE STATE OF MADHYA PRADESH AND
OTHERS )
Dated : 24-09-2025
Shri Narendra Nikhare, Advocate for appellants.
Shri Manas Mani Verma, Govt. Advocate for the respondent-State.
Shri Ajay Kumar Kushwaha, Advocate appearing on behalf of
appellant No.6-Sachin Chakrawarti S/o Santosh Chakrawarti.
Learned counsel for the appellant No.6, prays for withdrawal of
I.A.No.5061/2025, as it is rendered infructuous.
Accordingly, I.A.No.5061/2025, is dismissed as having been
rendered infructuous.
Shri Narendra Nikhare, learned counsel for appellants prays for
withdrawal of I.A.No.9504/2025, qua appellant No.7-Karan Chakrawarti
S/o Babulal Chakrawarti, in view of the evidence of Akash Patel
(PW/6).
Accordingly, I.A.No.9504/2025 is dismissed as withdrawn, qua
appellant No.7-Karan Chakrawarty.
Appellants No.4-Nitin Chakrawarti S/o Babulal Chakrawarty
i s aggrieved of the judgment dated 23.12.2023, passed by the learned
Special Judge, SC/ST (Prevention of Atrocities), Act, in Special Case
ATR No.236/2021, whereby, he has been convicted and sentenced as
under :-
2 CRA-50-2024
Conviction Sentence
Imprisonment in
Section Act Imprisonment Fine
lieu of fine
147,148 I.P.C. R.I. for 1 year Rs.500/- R.I for 3 months
302/149 I.P.C. R.I. for life Rs.1,000/- R.I. for 6 months
R.I. for 5-5 Rs.500- R.I. for 3-3
307/149 I.P.C.
years 500 months
R.I. for 4
326/149 I.P.C. Rs.500/- R.I. for 3 months
years
Shri Narendra Nikhare, learned counsel for appellants submits that
its a case of free fight and in case of free fight individual role is required
to be seen. It is pointed out that Akash Patel (PW/6), has categorically
stated that deceased Vivek Jharia was hit by Sachin with a base ball bat,
Gopal Chakrawarty with a sword, Ranjeet with concrete stone, Karan
Chakrawarty with Lathi, Ammu @ Dayashankar with an iron rod. It is
submitted that mere presence of Nitin Chakrawarty, who is also an
injured witness will not be a sufficient circumstance to uphold the
conviction with the aid of Section 147 & 148 IPC. Hence, prayer is made
to suspend the remaining jail sentence of the appellant and release him
on bail.
Shri Manas Mani Verma, learned Govt. Advocate opposes the
prayer of the appellant.
Though, Shri Nikhare, has not brought any judgment to this effect
that in a case of free fight individual role is required to be seen, but we
are conscious of the fact that in Pundalik Mahadu Bhane Vs. State of
3 CRA-50-2024
Maharashtra [(1998 SCC (Cri) 202], it is held that in the case of a
sudden and free fight each of the persons involved therein can be held
liable for his individual act and not vicariously liable for the acts of
others. The convictions of the two surviving appellants under Section
148 I.P.C., cannot therefore be sustained.
Similarly, in case of Ram Adhar Vs. State of U.P. [1996 Cr.L.J.
1775 (All)], it is held that if there was a free fight between rival groups
on which accused and prosecution side both received the similar injuries
but injuries on sides of accused were not satisfactorily explained by
prosecution and no evidence was produced to show that the accused had
started the fight. The mere fact of prosecution having received more
injuries could not be a ground to conclude that the accused were
aggressors. Hence, the accused were entitled to the acquittal and
judgment of lower Court was set aside.
When these facts are taken into consideration, then Nitin
Chakrawarty being not named by eye witness Akash Patel (PW/6) and
Rohit Jharia (PW/1) admitting that he was not an eye witness and Rohit
Chakrawarty (PW/11), who had given intimation to Rohit Jharia (PW/1),
about the incident turning hostile, only reliable witnesses are Vaibhav
Patel (PW/5) and Akash Patel (PW/6) and since individual role has been
described by Akash Patel (PW/6), we deem it proper to extend the
benefit of suspension of sentence and grant of bail to appellant No.4-
4 CRA-50-2024
Nitin Chakrawarty.
Taking these facts into consideration and other circumstances, 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), with two solvent sureties in the like amount to the
satisfaction of the Trial Court for his appearance before the Trial Court
on 18.10.2025 and such other dates as may be fixed by the Trial Court,
the execution of remaining part of the jail sentence imposed upon
Appellant No.4 Nitin Chakrawarti, shall remain suspended and he shall
be released on bail till final disposal of this appeal.
I.A.No.9504/2025 qua appellant No.4-Nitin Chakrawarti is
allowed & disposed of.
Certified copy as per rules.
(VIVEK AGARWAL) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
A.Praj.
