Rajkumar Rai vs The State Of Madhya Pradesh
2021 Latest Caselaw 9058 MP

                                                                         1                               CRA-1917-2017
                                             The High Court Of Madhya Pradesh
                                                      CRA No. 1917 of 2017
                                                         (RAJKUMAR RAI Vs THE STATE OF MADHYA PRADESH)


                                     Jabalpur, Dated : 21-12-2021
                                           Shri V.R.Daniel, learned counsel for the appellant.

                                           Shri Sanjeev Singh Parihaar, learned Panel Lawyer for the
                                     respondent/State.

Heard on I.A.No.4391/2020, this is second application for suspension of jail sentence and grant of bail moved by the appellant is taken up and

considered.

His first application for suspension of jail sentence and grant of bail is dismissed as withdrawn by this court vide order dated 14.08.2018.

This Criminal appeal assails the judgment dated 30/12/2015 passed in S.T. No.105/2008 by Upper Sessions Judge, Seoni, whereby the appellant has been convicted and sentenced under Section 420 r/w 120-B of IPC, Section 467 r/w 120-B of the IPC, Section 468 r/w 120-B of the IPC, Section 471 r/w 120-B of the IPC and Section 409 r/w 120-B of the IPC for 7 years R.I. for 10 years, R.I. for 7 years, R.I. for 10 years and R.I. for 10 years with

fine of Rs.60,000/-,each respectively with default stipulations.

Counsel appearing for the appellant has pointed out that the other co- accused have already been enlarged on bail. The case of the appellant is some what identical to that of the other co-accused namely Amar Singh Uike and Sandeep Kumar Gadewal.

It is submitted that the appellant has been convicted on the ground that the handwriting which is available on the cheques and the receipt which has been filed before the Bank who have been filled up by the present appellant. The handwriting expert report which is Exp.P/65 does not show that the handwriting on the cheques and the documents are of the present appellant. Apart from this there is no other difference from the case of the present appellant with the other co-accused as there is also transactions shown in the accounts of others also. He has already undergone substantial period in jail.

Signature Not Verified
  SAN




Digitally signed by SHALINI LANDGE
Date: 2021.12.23 11:39:40 IST
                                                                           2                            CRA-1917-2017

In view of the said facts and that there is no likelihood of early disposal of the appeal in near future, this court is inclined to grant bail to appellant by way of suspension of sentence.

Accordingly, without expressing any opinion on the merits, I.A.No.4391/2020 is allowed and it is directed that the jail sentence of the

appellant will remain under suspension subject to deposition of the amount 1.5 lacs which has been alleged against the appellant as is reflected from the paragraph 22 wherein the details particulars of the cheques and the amount and in whose account, the amount has been reflected, on the appellant furnishing bail bond of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of trial Court concerned for his appearance before the Registry of this Court on 11.07.2022 and thereafter on such other dates as may directed by the Registry of this Court in this regard.

List the matter for final hearing in due course of time at its own turn. Certified copy as per rules.

(VISHAL MISHRA) JUDGE

Sha

Signature Not Verified SAN

Digitally signed by SHALINI LANDGE Date: 2021.12.23 11:39:40 IST