Virendra Yadav vs The State Of Madhya Pradesh
2022 Latest Caselaw 6720 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 1130 of 2022 (VIRENDRA YADAV Vs THE STATE OF MADHYA PRADESH)

Dated : 05-05-2022 Shri Pradeep Naveriya, counsel for the appellan.

Shri Nagendra Singh Solanki, Panel Lawyer for the State. Heard on the question of admission.

The appeal seems to be arguable, hence, admitted for hearing. I.A. No.1791/2022 is taken up.

This is the first application under Section 389(1) of Cr.P.C. for suspension

of custodial sentence of the appellant.

Appellant stands convicted for offence under Section 379, 420, 465, 467, 468 and 471 I.P.C and has been sentenced to undergo R.I. for 1, 2, 2, 3, 2 and 1 years respectively with fine of Rs.1,000/- each with default stipulation.

Learned counsel for the appellant submitted that since this is a short sentence, the appeal should be admitted and the sentence should be suspended. Nothing has been stated on merit.

Learned Public Prosecutor referred to paragraphs 6, 9, 11 and 19 of the impugned judgment and submitted that it was applicant himself who has taken

away the cheque, deposited it in the bank, to get it encashed, received amount in his saving account and has also withdrawn a part of that amount; therefore, his conviction is based on strong evidence. There is no scope of acquittal and, therefore, he does not deserve for suspension of sentence.

On due consideration of the statement of Guman Rathore (PW-2), Kishorilal Sharma (PW4), Chief Executive Officer, Ajay Singh (PW-5), Trilok Chandra (PW-

6), Haripal Meena (PW-7), Additional State Examiner of Questioned Documents, Rajendra Verma (PW-11), Sub Inspector K.L. Thakur (PW-12) and the documents with regard to the allegation of stealing, fabricating, submitting and encashing the disputed cheque by the appellant, I do not deem it appropriate to allow the suspension of sentence of the appellant. Therefore, the application is Signature Not Verified SAN dismissed.

List this case for final hearing in due course. Digitally signed by VIVEK KUMAR TRIPATHI Date: 2022.05.07 17:22:48 IST

However, looking to the period of sentence awarded, appellant is granted liberty to move an application for out of turn final hearing of his case.

(VIRENDER SINGH) JUDGE

vivek

Signature Not Verified SAN

Digitally signed by VIVEK KUMAR TRIPATHI Date: 2022.05.07 17:22:48 IST