Parmanand Patil vs The State Of Madhya Pradesh
2022 Latest Caselaw 7422 MP

                                                                             1
                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                    CRA No. 478 of 2022
                                                         (PARMANAND PATIL Vs THE STATE OF MADHYA PRADESH)

                                    Dated : 19-05-2022
                                           Shri Siddharth Datt, learned counsel for the appellant.

                                           Shri Ajeet Rawat, learned Govt. Advocate for the respondent-State.

Heard on the question of admission.

This Criminal appeal assails the judgment dated 28.12.2021 passed in S.T. No.500094/2015 by the First Additional Sessions Judge to Additional Judge, Khandwa (M.P.); whereby the appellant has been convicted under

Section 409 of Indian Penal Code and sentenced to undergo rigorous imprisonment for five years with fine of Rs.25,000/- with default stipulations.

Appeal appears to be arguable, hence, admitted for final hearing. Also heard on I.A.No.666/2022, an application for suspension of jail sentence and grant of bail.

It is submitted that the earlier appellant has been enlarged on anticipatory bail by this Court vide order dated 25.08.2014 passed in M.Cr.C.No.11587/2014 subject to furnishing 50% of the embezzled amount and he has deposited the Rs.4,21,208/- on 30.08.2014. He has never misused the

liberty granted to him. He is under custody since the date of judgment. The total conviction is of five years and he has deposited the fine amount. There is no likelihood of early disposal of the appeal, he prays for suspension of sentence and grant of bail.

Per contra, counsel for the State has vehemently opposed the application Signature Not Verified SAN stating that there are ample evidence on record on the basis of which, learned Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2022.05.20 10:38:53 IST trial Court has convicted the appellant. He was granted bail by this Court

subject to furnishing of 50% of embezzled amount. However, he could not dispute the fact that amount has been deposited and he has never misused the liberty granted by this Court.

Considering the overall facts and circumstances of the case and looking to the fact that there is no likelihood of early disposal of the appeal in near future, this Court is inclined to grant bail to appellant by way of suspension of sentence. Accordingly, without expressing any opinion on the merits, I.A.No.666/2022 i s allowed and it is directed that the jail sentence of the appellant shall remain suspended subject to the verification that the amount o f fine has been deposited, on the appellant furnishing bail bond of

Rs.50,000/- (Rupees Fifty Thousand Only) with separate solvent surety in the like amount to the satisfaction of trial Court concerned for his appearance before the Registry of this Court on 30.09.2022 and thereafter on such other dates as may directed by the Registry of this Court in this regard.

In view of the COVID-19, jail authorities are directed to follow covid protocol and guidelines before releasing the appellant on bail.

List the matter for final hearing in due course. Certified copy as per rules.

(VISHAL MISHRA) V. JUDGE

sj

Signature Not Verified SAN

Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2022.05.20 10:38:53 IST