Jitendra Singh Rajput vs The State Of Madhya Pradesh
2022 Latest Caselaw 3589 MP

1                              Cr.A.No.6905/2021
                    (Jitendra Singh Rajput Vs. State of M.P.)

Indore : Dated 14.3.2022
      Shri Manoj Saxena, learned counsel for the appellant.
      Shri    Aakash      Sharma,      learned    Govt.Advocate   for   the
respondent/State.

Heard on I.A.No.629/2022, an application for suspension of sentence and grant of bail to appellant.

The trial Court has convicted the appellant under Section 409 of IPC and sentenced to undergo five years' RI with fine of Rs.5,000/-, with default stipulation vide judgment of conviction and order of sentence dated 13.11.2021 passed by 6th Addl.Sessions Judge, Shajapur, District Shajapur in S.T. No.200035/2016.

Prosecution story, in brief, is that appellant being employee of VDL Micro Finance Ltd.withdrew an amount of Rs.Five lacs on behalf of the aforesaid bank, but did not deposit/return the same to the bank and mis-appropriated the same.

Learned counsel for the appellant submits that appellant has returned the money to the Manager of the bank and no offence under Section 409 of IPC is made out against him. At the time of bail the whole amount has been deposited by the appellant, therefore, learned trial Court has wrongly convicted the appellant. Learned counsel for the appellant further submits that the trial Court has not properly appreciated the evidence available on record. The appellant was on bail during trial and he has not misused the liberty granted to him. There is no likelihood of hearing of appeal in near future. 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 has opposed the prayer.

Considering the rival submissions and the fact that appellant had deposited the whole defalcated amount of Rs.Five lacs and there is no likelihood of hearing of appeal in near future, without expressing any

(Jitendra Singh Rajput Vs. State of M.P.)

opinion on merits of the matter I.A.No.629/2022 is allowed and jail sentence of the appellants shall remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited, they shall be released on bail, on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each along with separate solvent sureties in the like amount to the satisfaction of trial Court, for their appearance before the Registry of this Court firstly on 09.05.2022, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A.No.629/2022 is allowed.

List the matter for admission alongwith record. C.C. as per rules.

(Satyendra Kumar Singh) Judge

Patil

Digitally signed by SHAILESH PATIL Date: 2022.03.15 12:12:19 +05'30'