Manohar vs The State Of Madhya Pradesh
2022 Latest Caselaw 981 MP

 THE HIGH COURT OF MADHYA PRADESH, INDORE
                  BENCH
                 CRA No.1652/2018


Indore, dated 20/01/2022
       Heard through video conferencing.
   Shri Bharat Yadav, learned counsel for the appellant.
      Shri Vismit Panot, learned P.L. for the respondent /State.

Also heard on I.A. No.16403/2021, second application filed under Section 389 (1) of Cr.P.C. for grant of suspension of jail sentence. First application was dismissed as withdrawn on behalf of the appellant vide order dated 13.03.2018.

The appellant has been convicted and sentenced by the JMFC, Dewas vide judgment dated 05.11.2015 affirmed by First Additional Sessions Judge,District Dewas vide judgment dated 23.01.2018 passed in S.T. No.401/2015 as under:

 Conviction                           Sentence
Sections and Act        Imprisonment Fine        Imprisonment      in
Act                                              lieu of fine
419/120-B      IPC      01 year        Nil       Nil
(two counts)
467/120-B      IPC      10-10 years    10000/-, 4-4 Months S.I.
(two counts)                           10000/-
468/120-B      IPC      3-3 years      5000/-    2-2 Months S.I.
(two counts)                           5000/-
471/120-B      IPC      3-3 years      5000/-    2-2 Months S.I.
(two counts)                           5000/-
420/120-B      IPC      3-3 years      5000/-    2-2 Months S.I.
(two counts)                           5000/-

The allegations against the appellant is that he has taken Rs.50lacs from the complainant namely Amit Jain alongwith the co- accused persons and committed fraud with him in the name of a forged and fabricated agreement or sale executed by them with the complainant. Hence, the appellant has been convicted alongwith the co-accused person as stated above.

Learned counsel for the appellant submits that the appellant is innocent person and has falsely been implicated in the present case. The learned trial Court has erred in convicting the appellant without considering the evidence on record. Learned counsel for the appellant fairly stated at Bar during hearing through Video Conferencing that the applicant is ready to deposit Rs.50Lacs in before the trial Court and the complainant shall be at liberty to withdraw the said amount after permission of this Court. The applicant has completed approximately 6 years and 05 months of his incarceration period. Hence, the appellant may be granted suspension of jail sentence.

Learned counsel for the State has opposed the prayer. I have heard the learned counsel for the parties and perused the record.

Considering the submissions made by learned counsel for the appellant and the undertaking given by the appellant at Bar, I deem it proper to suspend the jail sentence of the appellant.

Accordingly, I.A. No.16403/2021 filed on behalf of appellant Manohar S/o Ramchandra is allowed. It is stipulated that the appellant shall deposit Rs.50Lacs before the trial Court before releasing on bail; and it is directed that subject to deposit fine amount and on furnishing personal bond by appellants in the sum of Rs.1,00,000/- (Rupees One Lac only) with one solvent surety in the like amount to the satisfaction of the learned trial Court, for his regular appearance before the registry of this Court, the execution of custodial part of the remaining sentence imposed against the appellant 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 25.02.2022 and on all such subsequent dates, which are fixed in this regard by the concerned trial Court.

The amount be invested in an interest-bearing account with any Nationalized Bank for a period that can fetch maximum interest with an autorenew option, if available or it be further renewed as and when required. Disbursement of the amount so deposited shall be subject to the order of this Court or final disposal of this appeal.

Certified copy, as per rules.

This is an admitted appeal.

List for final hearing in due course.

(Rajendra Kumar (Verma)) Judge

amit

Digitally signed by AMIT KUMAR DN: c=IN, o=HIGH COURT OF MADHYA

AMIT PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=18db6b55824fa1834dc7e61d06 ed3c79a81bc156ec0309c5245d47a0a526

KUMAR 04de, pseudonym=713D9BD68EDDADCD6B88 DA2B1BCDCFC0369478F5, serialNumber=62B9B1A094FCDF2F0107 E91326BC51DC9DCF83F25C9D67245FE3 BCCFD0F2DB67, cn=AMIT KUMAR Date: 2022.01.21 18:45:09 +05'30'