Ramsewak vs The State Of Madhya Pradesh
2022 Latest Caselaw 3497 MP

                            1
                                                Cr.Appeal No.7839 of 2021

                       HIGH COURT OF MADHYA PRADESH
                              BENCH AT INDORE


                                Cr.Appeal No.7839/2021

                                 Ramsewak & Ors.
                                      Vs.

                      State of Madhya Pradesh
Indore; dated 11.03.2022

          Shri Vivek Singh, learned counsel for the appellants.

           Shri R.S.Raghuwansi, learned counsel for the respondent/State.

                                      ORDER

Heard on the question of admission.

Appeal is admitted for final hearing.

Heard on I.A.No.2276/2022, which is an application under Section

389(1) of the Cr.P.C. for suspension of jail sentence of appellants no. 1, 2,

3,5,9,10,11 and 12 namely; Ramsewak, Amar Singh, Keval Singh,

Sundersingh, B.L. Gole, Jandel Singh, Gayaprasad and Rameshchandra

respectively.

Appellants have been convicted by the Special Judge (under

Prevention of Corruption Act) , Barwani, District Barwani vide judgment

dated 09.12.2021 passed in Special Case No.LOK/1/2012 and sentenced

them as under:-

Section Act Punishment Fine Default Stipulation 13(2) PC PC 4 years R.I. 2000/- 6 months additional R.I. 15 PC 2 years R.I. 1000/- 3 months additional R.I. 467 IPC 7 years R.I. 5000/- 1 year additional R.I. 468 IPC 4 years R.I. 2000/- 6 months additional R.I. 471 IPC 4 years R.I. 2000/- 6 months additional R.I. 420 IPC 4 years R.I. 2000/- 6 months additional R.I. 409 IPC 4 years R.I. 6000/- 6 months additional R.I. 409 r/W 511 IPC 2 years R.I. 3000/- 3 months additional R.I.

Cr.Appeal No.7839 of 2021

Prosecution story in brief is that, since 15.05.1996 to 03.04.1997, all

the aforesaid appellants being Sarpanch/Surveyor/Bhumi Sanrakshan

Adhikari/other officials in Narmada Valley Development Authority No.11

without having done any civil work prepared, verified and submitted

forged muster roll and withdrawn an amount of Rs.11,91,928/- and

misappropriated the same. They also attempted to withdraw an amount of

Rs.9,53,434.

Learned counsel for appellant submits that there are several material

omissions and contradictions in the statements of prosecution witnesses.

Impugned judgment is contrary to law and facts. Matter relates to the year

1996-1997. All the appellants are senior citizens aged between 65 to 80

years or above. Co-accused i.e. appellants and 4 and 8 namely C.D. Binwal

and Swamiprasad have already been given the benefit of suspension of

sentence by this Court vide order dated 01.02.2022. There is no likelihood

of hearing of appeal in near future. Appellants are in custody since

09.12.2021. In view of aforesaid, learned counsel for the appellants prays

for suspension of remaining jail sentence and grant of the bail to the

appellants.

Learned counsel appearing for the respondent/State opposes the

prayer for suspension of remaining jail sentence supporting the impugned

judgment.

Having considered the rival submissions and the fact that incident

occurred in the year 1996-1997 and all the aforementioned appellants are

old aged person and there is no likelihood of hearing of appeal in near

future, this Court is of the considered view that it is a fit case for

suspension of the sentence and grant of bail to the appellants. Hence,

Cr.Appeal No.7839 of 2021

without expressing any opinion on merits of the matter I.A.No.2276/2022

is allowed and jail sentence of appellants no. 1, 2, 3,5,9,10,11 and 12

namely; Ramsewak, Amar Singh, Keval Singh, Sundersingh, B.L.

Gole, Jandel Singh, Gayaprasad and Rameshchandra respectively.

shall remain suspended.

It is directed that subject to depositing the fine amount, if already not

deposited, appellants no. 1, 2, 3,5,9,10,11 and 12 namely; Ramsewak,

Amar Singh, Keval Singh, Sundersingh, B.L. Gole, Jandel Singh,

Gayaprasad and Rameshchandra respectively. shall be released on bail,

on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One

Lakh Only) each along with a solvent surety in the like amount to the

satisfaction of trial Court, for their appearance before the Registry of this

Court firstly on 14.03.2022, 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.

List the case in due course.

C.C. as per rules.

(Satyendra Kumar Singh) Judge

sh/-

SEHA Digitally signed by SEHAR HASEEN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE,

R ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=900ec6fc757798eaeb3df7a 32860bd3298415a4d1c2d91436213

HASE f2568c8f27da, pseudonym=F50E66F24169404D6C 1C89B398467A979218326F, serialNumber=E7DBBA955B262C04 B8413251CE7FB6F0B7DBA610C57F 1559C08BF6C6F5DD40D4,

EN cn=SEHAR HASEEN Date: 2022.03.12 17:09:51 +05'30'