Ramsewak vs The State Of Madhya Pradesh
2022 Latest Caselaw 7230 MP

1                               Cr.A.No.7839/2022
                          (Ramsewak Vs. State of M.P.)

Indore : Dated 12.5.2022
           Shri Vivek Singh, learned counsel for the appellant.
           Shri R.S.Raghuvanshi, learned counsel for the respondent/State.

Heard on I.A.No.4259/2022, which is an application under Section 389 of the Cr.P.C. for suspension of jail sentence of the appellant No.7-Sitaram.

The appellant No.7-Sitaram has 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 him as under:-

       Conviction                           Sentence
    Sec.     Act    Imprisonment          Fine      Imprisonment in lieu
                                                    of fine
13(2) PC Act 4 years RI               2,000/-       6 months additional RI
15          PC Act 2 years RI         1,000/-       3 months additional RI
467         IPC    7 years RI         5,000/-       1 year additional RI
468         IPC    4 years RI         2,000/-       6 months additional RI
471         IPC    4 years RI         2,000/-       6 months additional RI
420         IPC    4 years RI         2,000/-       6 months additional RI
409         IPC    4 years RI         6,000/-       6 months additional RI
409         IPC    2 years RI         3,000/-       3 months additional RI
r/w

Prosecution story in brief is that, since 15.05.1996 to 03.04.1997, appellant alongwith other co-accused persons, who were Agriculture Officer, and Surveyor (Bhumi Sanrakshan Adhikari)

(Ramsewak Vs. State of M.P.)

respectively, 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Development Authority No.11 without having done any civil work prepared, verified and submitted forged muster roll and withdrawn an amount of Rs.11,91,928/- and misappropriated the same and also attempted to withdraw an amount of Rs.9,53,434/-. It is alleged against the appellant that he being Sarpanch made false entries in the forged muster roll prepared by the co-accused persons and was involved in the aforesaid crime.

Learned counsel for appellant submits that appellant was Sarpanch at the relevant period of time and was not a beneficiary of the amount said to be misappropriated. He was on bail during trial and has not misused the liberty granted to him. He is in custody since 9.12.2021. 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 the bail to the appellant.

Learned counsel appearing for the respondent/State opposes the prayer and submits that appellant's case is entirely different from the case of co-accused persons as co-accused persons have been enlarged on bail on the ground of their age. He was actively involved in the crime, therefore, he is not entitled for bail.

Having considered the rival submissions, incident was occurred in the year 1996-1997 in such circumstances considering the fact that trial will take considerable time to conclude and co-accused persons have been enlarged on bail, but without expressing any opinion on

(Ramsewak Vs. State of M.P.)

merits of the matter I.A.No.4259/2022 is allowed and jail sentence of the appellant No.7 Sitaram shall remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited, appellant No.7 Sitaram 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 11.7.2022, 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 Patil

Digitally signed by SHAILESH PATIL Date: 2022.05.13 09:52:07 +05'30'