Harnek Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 8352 MP

                                                                          1
                                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT JABALPUR
                                                                    CRA No. 2524 of 2022
                                                   (HARNEK SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                      Dated : 23-06-2022
                                            Shri Anil Khare, Senior Advocate with Shri Pranjal Diwaker, learned

                                      counsel for the appellants.
                                            Shri S.M. Patel, learned PL for the respondent/State.

Record has been received.

Heard on the question of admission.

Appeal seems to be arguable, hence it is admitted for final hearing.

Also heard on I.A. No.4569/2022, which is an application under Section 389(1) of Cr.P.C. for suspension of the custodial sentence passed against appellants Harnek Singh and Ranveer Singh.

This appeal has been preferred against the judgment dated 03/03/2022 p as s ed by IVth Additional Sessions Judge, Bhopal, District Bhopal in S.T.No.221/2015, whereby learned Additional Sessions Judge found the appellants guilty for the offence punishable under Sections 420, 467 & 201 of IPC and sentenced both of them to undergo R.I. for 3 years with fine of Rs.1,000/-, R.I. for 10 years with fine of Rs.1,000/- and R.I. for 3 years with

fine of Rs.1,000/- with default clause.

Learned counsel for the appellants submitted that it is alleged that appellants filed forged solvency certificate for getting contract from Water Resources Department, Bhopal but in the evidence that forged solvency certificate was not produced by the prosecution so merely on the basis of Signature Not Verified SAN alleged photocopy of that document it cannot be said that appellants filed Digitally signed by RANJEET AHIRWAL Date: 2022.06.23 16:40:51 IST forged solvency certificate for getting contract. Even no contract was given to

the appellants on the basis of that alleged forged solvency certificate so no monetary loss was caused to the Government. Even department also forfeit the earnest money deposited by the appellants. Appellants have no criminal past. They are in custody since the date of judgment i.e. 03.03.2022. Hence prayed for suspension of the jail sentence and release of the appellants on bail since the hearing of this appeal will take time.

Learned counsel for the State opposed the prayer and submitted that from the prosecution evidence the guilt of the appellants was proved beyond reasonable doubt, therefore, learned trial Court has rightly convicted and sentenced the appellants. So the sentence of the appellants should not be

suspended.

Looking to the facts and circumstances of the case, contention of learned counsel for the appellants and the fact that appellants are in custody since 03.03.2022 and according to listing policy the hearing of this appeal will take time, the application is allowed and it is directed that the execution of the jail sentence alone passed against the appellants Harnek Singh and Ranveer Singh Sikarwar shall remain suspended during the pendency of this appeal and they be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) each with one surety each in like amount to the satisfaction of the trial Court for their appearance before the Registry of this Court on 21.11.2022 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

List the matter for final hearing in due course. C.C. on payment of usual charges.

Signature Not Verified SAN

Digitally signed by RANJEET AHIRWAL Date: 2022.06.23 16:40:51 IST

(RAJEEV KUMAR DUBEY)

JUDGE (ra)

Signature Not Verified SAN

Digitally signed by RANJEET AHIRWAL Date: 2022.06.23 16:40:51 IST