Anirudh Singh Chaturvedi vs The State Of Madhya Pradesh
2021 Latest Caselaw 8129 MP

                                                                      1                              CRA-6023-2021
                                           The High Court Of Madhya Pradesh
                                                    CRA No. 6023 of 2021
                                         (ANIRUDH SINGH CHATURVEDI AND OTHERS Vs THE STATE OF MADHYA PRADESH)


                                   Jabalpur, Dated : 02-12-2021
                                           Shri Anil Khare, learned Senior counsel with Ms. Tanvi Khare, counsel
                                   for the appellants.
                                           Shri Vinod Mishra, PL for the respondent/State.

Heard o n I.A. No.18265/2021, repeat application u/S.389(1) of Cr.P.C. for suspension of the custodial sentence passed against appellants Anirudh Singh Chaturvedi, Ramji Dwivedi & Dashrath Prasad.

This appeal has been preferred against the judgment dated 22/9/2021 passed by Third Additional Session Judge, Link Court, Nainpur, District- Mandla in S.T. No. 108/2011 whereby learned ASJ found the appellants guilty for the offence punishable under Sections 420, 467, 468, 471 & 474 r/w 34 of the IPC and sentenced them to undergo R.I. for 05 years with fine of Rs. 1000/-, R.I. for 05 years with fine of Rs. 1000/-, R.I. for 5 years with fine of Rs. 1000/- , R.I. for 2 years with fine of Rs.1000/- and R.I. for 05 years with fine of Rs. 1000/- respectively with default stipulation.

Learned counsel for the appellants submitted that the allegations against the appellants are that appellants Anirudh Singh Chaturvedi, Ramji Dwivedi & Dashrath Prasad in connivance with other co-accused persons prepared forged toll tax receipt and took Rs.60/- as toll tax from Rajesh Tiwari instead of Rs.18/- but Rajesh Tiwari (PW-7) himself deposed that he did not know the appellants and he also did not know who gave him forged receipt. Other prosecution witnesses Balram Janghela (PW-2), Vijay Kumar Sahu (PW-3), Govind Keshwani (PW-4), Kamal Prasad Yadav (PW-8), Akhtar Khan (PW-

11) & Purushottam Nanhe (PW-12) also did not support the prosecution story regarding involvement of the appellants in the crime. Learned trial Court without appreciating the evidence of these witnesses properly, wrongly found the appellants guilty for the aforesaid offences. The appellants are in jail since the date of judgement i.e. 22/9/2021. Hence, prayed for suspension of the jail sentence and release of the appellants on bail since the hearing of this appeal will take time.

Learned counsel for the respondent/State opposed the prayer and submitted that learned trial Court did not commit any mistake in finding the appellants guilty for the aforesaid offence. So, the appellants should not be released on bail.

Looking to the facts and circumstances of the case, contention of learned counsel for the appellants and the fact that the appellants are in Signature Not Verified SAN custody since 22/9/2021 and according to listing policy the hearing of this

Digitally signed by VARSHA SINGH Date: 2021.12.02 16:57:05 IST 2 CRA-6023-2021 appeal is likely to take a long time, the application is allowed and it is directed that the execution of the jail sentence alone passed against the appellants shall remain suspended during the pendency of this appeal and they be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) each with separate surety in the like amount to the satisfaction of the trial Court for their appearance before the Registry of this Court on 21/02/2022 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

List the matter for final hearing in due course. C.C. on payment of usual charges.

(RAJEEV KUMAR DUBEY) JUDGE

VS

Signature Not Verified SAN

Digitally signed by VARSHA SINGH Date: 2021.12.02 16:57:05 IST