Chander Singh Solanki vs The State Of Madhya Pradesh
2021 Latest Caselaw 7446 MP

           HIGH COURT OF MADHYA PRADESH;
                         BENCH AT INDORE
                         CRA.No.5858/2021
       Chander Singh Solanki Vs. State of MP               1

INDORE; DATED - 16/11/2021
      Shri Sachin Bhatnagar, learned counsel for the appellant.
      Shri Raghvendra Singh Raghuwanshi, learned Counsel for
the respondent/ State.

Case diary is available with counsel for the respondent State.

Heard on admission as well as on I.A.No.26930/2021 which is an application under Section 389(1) of Cr.P.C for suspension of sentence filed on behalf of appellant - Chander Singh Solanki.

The appellant has filed this appeal under Section 374 (2) of the Criminal Procedure Code, 1973 against the judgment dated 24.9.2021 passed by the Court of Special Judge (under Prevention of Corruption Act) Indore in Special Case No.300007/2012; whereby, the appellant has been convicted under Section 120-B and 420 of IPC sentencing him with R.I of 4 year and fine of Rs.50,000/- in each section and to suffer an additional R.I for further 1 year in each section in case of default to deposit the fine amount, and R.I of 5 years and fine of Rs.50,000/- for conviction under Section 409 of IPC and to suffer an additional R.I for further 1 year in case of default to deposit the fine amount.

Prosecution story, in brief, is that in the year 1996-97 Madhya Pradesh Khadi & Gramodhyog Board, Bhopal launched a scheme namely "Consortium Bank Scheme" (in short CBC) to promote village Industry by investing 10% of total cost by the beneficiary and interest free margin money upto Rs.10,00,000/- (Rupees Ten Lakhs) was to be paid by the Board. The appellant being a Deputy Controller of the Board along with co-accused Umrao Singh and HIGH COURT OF MADHYA PRADESH;

BENCH AT INDORE CRA.No.5858/2021

others made a conspiracy to commit cheating. He recommended the incomplete application submitted by the co-accused Umrao Singh for sanctioning the loan to establish a village industry for the purpose of manufacturing agricultural equipment without examining eligibility of the applicant, i.e, co-accused Umrao Singh and assisted him in getting a loan of Rs. 5,85,000/- and margin money of Rs.2,70,000/-. Co-accused Umrao Singh without establishing the said industry took the aforesaid loan amount and later did not deposit the same along with interest. The appellant facilitated the aforesaid offence and did not issue RRC timely and thus abused his office and caused loss to the State.

Learned counsel for the appellant submits that the co-accused Umrao Singh submitted copy of his Higher Secondary Examination with regard to his age, caste certificate issued by Tahsildar Depalpur, no dues certificate and all other required documents in support of his application for sanctioning loan. Co-accused Umarao Singh also established his Unit at Depalpur in the name of "Mourya Industry" for the purpose of manufacturing agricultural equipment as mentioned in para 153 of the impugned judgment. Co-accused Umrao Singh fulfilled the whole criteria of eligibility and had duly submitted all his documents. The appellant was only the recommending Authority and the said loan was sanctioned by the State Level Committee of which the appellant was not the member, therefore, learned trial Court has grossly erred in considering the matter and holding guilty to the appellant for the offence punishable under Sections 120- B, 420 and 409 of IPC.

HIGH COURT OF MADHYA PRADESH;

BENCH AT INDORE CRA.No.5858/2021

Learned counsel for the appellant further submits that the dispute pertaining to the year 1996-97 and FIR was registered in the year 2007, thereafter charge sheet was filed and since then the appellant is facing the agony of trial. There is no likelihood of early hearing of this appeal in the near future. He was never arrested during investigation and was on bail during the trial. He has never misused the liberty of bail granted to him. Learned counsel for the appellant further submits that in identical case bearing CRA.No.5779/2021 (Chander Singh Solanki Vs. State of M.P.) the coordinate Bench of this Court vide order dated 10.11.2021 has suspended the jail sentence of the appellant. The appellant's case in this matter is on better footing than that of his above case as the unit established by the co-accused was found on Government land. Hence, the jail sentence of appellant may be suspended and he may be released on bail.

Shri Raghvendra Singh Raghuwanshi, learned counsel for the Special Establishment/Lokayukta submits that the Special Judge after appreciating all the evidence came on record has rightly convicted the appellant under the charge of 420, 409 and 120-B of the IPC. He has committed cheating with the Board and did not take any step to recover the loan amount. The loan amount has been repaid only after registration of the FIR. He has been convicted in another criminal case by way of S.T. No.6/2012 vide judgment dated 24.09.2021. He is a habitual offender hence he is not entitled for suspension of sentence at this stage.

Having considering the rival submissions of both the parties and the material pointed by learned counsel for the appellant HIGH COURT OF MADHYA PRADESH;

BENCH AT INDORE CRA.No.5858/2021

specially the finding rendered by the learned trial Court in paras 83,86,90 and 153 and also considering the other facts and circumstances of the case and also the fact that there is no likelihood of hearing of this appeal in near future, in the opinion of this Court a fit case for suspension of sentence is made out in favour of the appellant.

Accordingly, I.A. No.26930/2021 is allowed and it is directed that subject to depositing fine amount and on furnishing personal bond by the appellant in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the learned trial Court for his appearance before the Court, the execution of custodial part of the sentence shall remain suspended, till the final disposal of this appeal.

The appellant after being enlarged on bail, shall mark his presence before the registry of this Court on 24/01/2022 and on all such subsequent dates, which are fixed in this regard by the Registry.

I.A. No.26930/2021 stands disposed of.

List the appeal for final hearing in due course.

Record of the court below be requisitioned.

                                                     (SATYENDRA KUMAR SINGH)
                                                               JUDGE

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                 Date: 2021.11.18 10:09:21 +05'30'