Ramcharan vs The State Of Madhya Pradesh
2022 Latest Caselaw 1656 MP

Citation : 2022 Latest Caselaw 1656 MP
Judgement Date : 4 February, 2022

Madhya Pradesh High Court

Ramcharan vs The State Of Madhya Pradesh on 4 February, 2022

Author: Virender Singh

HIGH COURT OF MADHYA PRADESH : JABALPUR Criminal Appeal No.7795/2021 (Ramcharan vs. State of M.P.) Jabalpur, dated : 04.02.2022.

Shri Vidya Prasad, counsel for the appellant/applicant. Shri Yashovardhan Shukla, Panel Lawyer for the State. Heard on admission.

Admit.

I.A. No.22582/2021 is taken up which is an application for suspension of sentence of the applicant who stands convicted under Section 420 of IPC and sentenced to undergo RI for 2 years and fine of Rs.5,000/- with default stipulation. 2- The allegation against the applicant is that he sold his land twice committing fraud with the subsequent purchaser. 3- In the argument learned counsel for the applicant only submitted that the applicant has been convicted under Section 420 IPC and sentenced to undergo RI for 2 years and his sentence has been suspended by the trial Court till 05.02.2022. Not a single word has been stated on merits.

4- Learned Panel Lawyer has referred to paragraphs 9, 11 and 12 of the impugned judgment and prayed for dismissal of the application.

5- In this case, it was alleged that after selling his land to Sattu Kushwaha vide sale deed Annexure P-1 and P-2, taking advantage of entry of his name in revenue papers, he subsequently sold it to the complainant and received Rs.52,000/- in advance, out sale consideration of Rs.60,000/-. He executed sale agreement Ex.P/3.

6- On perusal of the evidence which is well supported by the documents, no case for grant of suspension is made out, therefore, the application is dismissed.

7- The applicant is directed to surrender immediately before the trial Court. The trial Court is directed to intimate the surrender of the applicant to this Court.

8- However, looking to the sentence awarded to the applicant, liberty is granted to him to move an application for early hearing of the appeal, if he wants to do so.

9- List for final hearing in due course.

(VIRENDER SINGH) JUDGE anand Digitally signed by ANAND KRISHNA SEN Date: 2022.02.08 17:31:52 +05'30'