Halke Prajapati vs The State Of Madhya Pradesh
2022 Latest Caselaw 4543 MP

                                                                        1
                                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT JABALPUR
                                                                    CRA-00260-2022
                                                      (HALKE PRAJAPATI Vs THE STATE OF MADHYA PRADESH)

                                                                      CRA/00260/2022
                                   Dated : 30-03-2022
                                         Shri Ranjan Banerjee, learned counsel for the appellant in Cr.A.

                                   No.241/2022.
                                         Shri Deependra K. Mishra, learned counsel for the appellants in Cr.A.
                                   No.260/2022.
                                         Shri Pramod Kumar Choubey, learned Deputy Government Advocate for

                                   the respondent/ State.

Heard on I.A. 281/2022 filed in Cr.A. No.241/2022 and I.A. No.306/2022 filed in Cr.A. No.260/2022, applications under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail.

Record of the trial Court has been received.

T h e appellants have been convicted for commission of offence under Section 420 r/w 120-B of IPC and have been sentenced to undergo R.I for 5-5 years and fine of Rs.500/- each with default stipulation; Section 467 r/w 120-B of IPC and have been sentenced to undergo R.I. for 10-10 years and fine of Rs.500/-

each with default stipulation; under Section 468 r/w 120-B of IPC and have been sentenced to undergo R.I. for 5-5 years and fine of Rs.500/- each with default stipulation and under Section 471 r/w 120-B of IPC and sentenced to undergo R.I. for 10-10 years and fine of Rs.500/- each with default stipulations.

Learned counsel for the appellants submit that appellants have been convicted for forging of patta of government land bearing No.515 admeasuring 2.00 hectares of P.S. Ajaygarh, District Panna. Learned counsel further submitted that orders passed by the Tahsildar, S.D.O. and Additional Commissioner have been set aside by the M.P. Revenue Board by its order dated 20.10.2016 and the order of Revenue Board is final order by the highest Court under M.P. Land Revenue Code.

Signature Not Verified Learned counsel for the appellants also submits that the orders on the basis SAN

Digitally signed by DEEPA MISHRA of which they have been convicted are not in existence and therefore, the judgment Date: 2022.03.30 16:33:11 IST

rendered by the Trial Court is based on the documents which are nonest. They

have contended that learned Trial Court has not appreciated the evidence of prosecution witnesses and documents filed by prosecution and the defence. Rather it has mis-appreciated the evidence.

On the other hand, learned counsel for the respondent/State has opposed

suspension of jail sentence and grant of bail to the appellants and has contended that order dated 20.10.2016 passed by the Revenue Board has been passed without giving any opportunity of hearing to the State Government. State has challenged the same before the Revenue Board and that is under consideration. Thus, he has prayed for dismissal of the applications.

On a perusal of the impugned judgment and evidence recorded before the Trial Court and the fact that document on the basis of which the conviction has been recorded by the Trial Court is nonest. Therefore, without expressing any opinion on the merits of the case, I deem it proper to suspend the remaining jail sentence of the appellants.

Accordingly, I.A. 281/2022 filed in Cr.A. No.241/2022 and I.A. No.306/2022 filed in Cr.A. No.260/2022 are allowed. The execution of jail sentence of appellants -Anand Bihari (in Cr.A. No.241/2022) and Halke Prajapati and Smt. Ranno Prajapati (in Cr.A. No.260/2022) are hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the appellants be released on bail on their furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand only) each with one solvent surety each of the like amount to the satisfaction of the trial court with a further direction to appear before the trial Court on 8.09.2022 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List this case for final hearing in due course.

Certified copy today.

(DINESH KUMAR PALIWAL) JUDGE Signature Not Verified SAN

mrs. mishra Digitally signed by DEEPA MISHRA Date: 2022.03.30 16:33:11 IST