Rajenda Gupta vs The State Of Madhya Pradesh
2022 Latest Caselaw 6649 MP

                                                                          1
                                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                                AT INDORE
                                                                  CRA No. 2985 of 2022
                                                        (RAJENDA GUPTA Vs THE STATE OF MADHYA PRADESH)

                                    Dated : 04-05-2022
                                          Shri Vivek Singh, learned counsel for the appellant.

                                          Shri Bharti Lakkad, learned Panel Lawyer for the respondent/ State.

Heard through Video Conferencing.

Appeal is admitted for hearing.

Let record of the trial Court be called for.

Heard on I.A.No.5554/2022, an application for suspension of sentence and

grant of bail to appellant - Rajendra Gupta.

T he trial Court has convicted the appellant under Section 417, 420, 467 (two counts), 468 and 471 of IPC and sentenced to undergo R.I. for 1 years with fine of Rs.1,000/- , R.I. for three years with fine of Rs.1,000/-, R.I. for 7-7 years with fine of Rs. 1000/-1000/-, R.I. for three years with fine of Rs. 1,000/- and R.I. for three years with fine of Rs. 1,000/- respectively with default stipulation vide judgment of conviction and sentence dated 14.03.2022 passed by 2nd Additional Sessions Judge, Dewas in case ST No.204/2017.

Learned counsel for appellant submits that as per prosecution case itself

forged purchase order said to be prepared and issued, was signed by the Dr. S.K. Solanki, therefore, offence under section 467 and 468 of IPC are not made out against the appellant. Departmental enquiry report dated 05.03.2018 itself stipulates that its a case of negligence. Chief Medical Officer vide letter dated 16.02.2021 (Ex.P-2) recommended to compound the case as no financial loss was occurred to the government. Allegations made against the appellant have not been proved. Learned trial Court. During trial, he remained on bail and did not misuse the liberty granted to him. Learned trial Court has not properly appreciated the evidence placed on record. Moreso, there is no likelihood of hearing of appeal in near future. In view of aforesaid, learned counsel for the appellant prays for suspension of remaining jail sentence and grant of bail to the appellant. Signature Not Verified SAN Learned counsel appearing for the respondent/State opposes the prayer for suspension of remaining jail sentence.

Digitally signed by VIBHA PACHORI Date: 2022.05.05 10:12:35 IST

Having considered rival submissions, material pointed out by the counsel for the appellant, enquiry report (Ex.P-7) and letter written by Chief Medical Officer to Commissioner Health (Ex.P-2) and also considering other facts and circumstances of the case, this Court is of the considered view that it is a fit case for suspension

of the sentence and grant of bail to the appellant. Hence, without expressing any opinion on merits of the matter I.A.No.5554/2022 is allowed and jail sentence of the appellant shall remain suspended.

I t is directed that subject to depositing the fine amount, if already not deposited, he shall be released on bail, on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) along with a solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 20.06.2022, 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

Vibha

Signature Not Verified SAN

Digitally signed by VIBHA PACHORI Date: 2022.05.05 10:12:35 IST