Vijay Dambhak vs The State Of Madhya Pradesh
2022 Latest Caselaw 88 MP

                                                                         1                               CRA-8173-2021
                                              The High Court Of Madhya Pradesh
                                                       CRA No. 8173 of 2021
                                                        (VIJAY DAMBHAK Vs THE STATE OF MADHYA PRADESH)


                                   Indore, Dated : 03-01-2022
                                             Shri Nilesh Agrawal, learned counsel for the appellant.

                                             Shri Gopal Yadav, learned Panel Lawyer for the respondent/ State.

Let the record of the trial Court be called for. Heard on I.A.No.30442/2021, an application for suspension of sentence and grant of bail to appellant - Vijay Dhambhak.

The trial Court has convicted the appellant under Section 419, 420, 467, 468, 471 and 120-B of IPC and Section 13(1)(g) r/W Sec 13(2) of Prevention of Corruption Act and sentenced to undergo R.I. for two years with fine of Rs. 2,000/- , R.I. for three years with fine of Rs.2,000/-, R.I. for four years with fine of Rs. 2000/-, R.I. for three years with fine of Rs. 2,000/- and R.I. for three years with fine of Rs. 2,000/-, & further sentenced to undergo R.I. for four years with fine of Rs. 2,000/- respectively with default stipulation vide judgment of conviction and sentence dated 21.12.2021 passed by Special Judge(Prevention of Corruption Act), Indore in case No.

SC EOW/45/2018.

Learned counsel for appellant submits that appellant is not aware of the fact that the sale deed executed in favour of Vinod Billoria was a forged sale deed. He in his capacity as manager of bank sanctioned the loan on the basis of search report of the concerned officials of the bank. He has been falsely implicated in the matter. There is no likelihood of hearing of appeal in near future. In view of aforesaid, learned counsel for the appellant prays for suspension of remaining jail sentence and grant of the bail to the appellant.

Learned counsel appearing for the respondent/State opposes the prayer for suspension of remaining jail sentence and grant of the bail to the appellant.

Looking to the short term of sentence and considering other facts and circumstances of the case, this Court is of the considered view that it is a fit case for suspension of the sentence and grant of bail to the appellant. Hence, Signature Not Verified SAN

Digitally signed by SEHAR HASEEN Date: 2022.01.04 11:31:40 IST 2 CRA-8173-2021 without expressing any opinion on merits of the matter I.A.No.30442/2021 is allowed and jail sentence of the appellant shall remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited, he shall be released on bail, on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) along with a solvent surety in

the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 21.02.2022, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A is allowed.

C.C. as per rules.

(SATYENDRA KUMAR SINGH) JUDGE

sh

Signature Not Verified SAN

Digitally signed by SEHAR HASEEN Date: 2022.01.04 11:31:40 IST