Jagdish vs The State Of Madhya Pradesh
2022 Latest Caselaw 818 MP

                                        -1-




High Court of Madhya Pradesh : Bench At Indore
 BEFORE SINGLE BENCH : HON'BLE MR. JUSTICE VIVEK RUSIA

                  Criminal Appeal No.6508/2021
        Jagdish S/o Onkarlal v/s The State of Madhya Pradesh
Indore, dated 18.01.2022
           Heard through Video Conferencing.
           Shri Rishi Tiwari, learned counsel for the appellant.
           Ms. Vinita Phaye, learned Government Advocate
for the respondent / State.

Heard on the question of admission.

The appeal is admitted for final hearing. Also heard on I.A. No.27944/2021, which is first application under Section 389(1) of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of appellant - Jagdish S/o Onkarlal.

The present appeal has been filed against the judgment of conviction and sentence dated 26.10.2021 passed by the Additional Sessions Judge (Link Court), Sanawad, District - Khargone in Sessions Trial No.8/2020, whereby the appellant has been convicted as under:-

          CONVICTION                              SENTENCE
Section     Act   Imprisonment Fine if        deposited Imprisonment in lieu of
                               details                  fine
409         IPC   10 years R.I.   Rs.1,00,000/-        03 Months
420         IPC   07 years R.I.   Rs.1,00,000/-        03 Months
477-A       IPC   07 years R.I.   Rs.1,00,000/-        03 Months

Learned counsel for the appellant submits that this appellant was posted as Branch Manager of District Co- operative Central Bank, Khargone from 13.02.1985 to 07.12.1995. He has been made accused for misusing his post and misappropriation of cash of the Society during the said period. The F.I.R was lodged on 23.07.2010 i.e. after

lapse of a period of 15 years. The appellant has faced agony of trial since 2011. He has not committed any misappropriation. As on today, he is a senior citizen aged about 70 years. The Court below has wrongly convicted him under Section 409 of the IPC. He was not holding the post of public servant. The delay in lodging the F.I.R. has not been dealt with. This is an appeal of 2021 and this will not come up for final hearing in near future. Looking to the COVID - 19 Pandemic, the remaining jail sentence of the appellant may be suspended. He further submits that during the pendency of trial, he was on bail and never misused the liberty granted to him.

Learned Government Advocate for the respondent / State opposes the application by submitting that the appellant was holding the post of Manager and misappropriated the huge amount of Rs.4,38,507.57/- way back in the year 1995. The Society was engaged in financial and banking transaction, therefore, the appellant being a Manager has rightly been convicted under Section 409 of the IPC.

It is correct that during the pendency of the trial, the appellant was on bail and never misused the liberty granted to him. He is aged about 70 years and during this pandemic period, it would not be safe to keep him in the custody. Accordingly, I.A. No.27944/2021 stands allowed.

Subject to deposition of Rs.3,00,000/- (Rupees Three Lakh Only) before the trial Court execution of remaining jail sentence of appellant - Jagdish S/o Onkarlal is hereby suspended and it is also ordered that the appellant be

released on bail on his furnishing a personal bond for a sum of Rs.40,000/- (Rupees Forty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court and subject to depositing the fine amount (if not already deposited) with a further direction to appear before the Registry of this Court on 22.09.2022 and also on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

List the appeal for final hearing in due course. Certified copy, as per rules.

(VIVEK RUSIA) JUDGE Ravi Digitally signed by RAVI PRAKASH Date: 2022.01.19 17:43:47 +05'30'