Virendra Bahadur Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 340 MP

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              HIGH COURT OF MADHYA PRADESH

                     Cri. Appeal No.3493/2020

           (Virendra Bahadur Singh Vs. The State of M.P.)


Jabalpur, Dated 06.01.2022.

      Shri Sanjay Pandey, Advocate for the appellant.

      Shri Aditya Gupta, PL for the State.

      Heard on admission.

      The appeal seems to be arguable, hence, admitted

for final hearing.

      Also    heard    on   IA   No.20953/2021,      a      repeat

application for suspension of sentence and grant of bail to

the appellant. His earlier application was dismissed as

withdrawn by this Court on 13.10.2020.

      The appellant      has been convicted under Sections

420,467/120, 468/120 and 471/120 of IPC, and sentenced to

R.I.for seven years with fine of Rs.10,000/-, R.I.for ten years

with fine of Rs.10,000/-, R.I.for seven years with fine of

Rs.5,000/- and R.I. For two years with fine of Rs.5,000/-,

respectively with default stipulations in ST No.646/2017 by

learned    2nd Addl. Sessions Judge, Bhopal, vide judgment

dated 13.03.2020.

      The allegation against the present appellant is that he

alongwith other co-accused person gave assurance of

Government jobs to the persons by preparing forged

appointment letters and collected Rs.25,000/- from the

victims.     As per para 9 of the judgment, the present
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appellant instructed the victims to deposit the money in his

account.

      Learned counsel for the appellant, referring to the

statement of Manish Rai (PW.10) the Investigating Officer,

has argued that the appellant himself was initially a victim

of the entire transaction,however, he later on got involved in

the crime. It is stated that the appellant has already

suffered more than four years' jail sentence. It is further

pointed out that jail sentence of co-accused Ankit Jat has

already been suspended by this Court vide order dated

16.11.2021

in Criminal Appeal No.2987/2020. It is lastly

submitted that the appeal would take considerable time to

dispose of finally, hence remaining jail sentence of appellant

may be suspended and he may be released on bail.

Learned PL has vehemently opposed the prayer for

suspension of sentence and grant of bail.

Considering the fact that jail sentence of co-accused

Ankit Jat has already been suspended by this Court, and the

present appellant has already undergone more than four

years' of jail sentence, this application is allowed.

Remaining jail sentence of the appellant is hereby

suspended and it is directed that subject to depositing the

fine amount and furnishing the personal bond in the sum of

Rs. 50,000/- (Rs. Fifty Thousand Only) with one surety

in the like amount to the satisfaction of the trial Court

concerned, the appellant shall be released on bail with a

further direction to appear before the Registry of this Court

firstly on 22nd September, 2022, and also on such other

dates as may be fixed by the Registry in this regard during

pendency of this appeal.

List the appeal for final hearing in due course.

Certified copy as per rules.

(Nandita Dubey) Judge.

jk.

Digitally signed by JITIN KUMAR CHOURASIA Date: 2022.01.06 17:15:08 +05'30'