Sanjeev Kumar Jain vs The State Of Madhya Pradesh
2022 Latest Caselaw 13973 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                             CRA No. 351 of 2022
                (SANJEEV KUMAR JAIN Vs THE STATE OF MADHYA PRADESH)

Dated : 31-10-2022
      Shri Ankur Maheshwari, learned counsel for the appellant.

      Ms. Abha Mishra, learned Public Prosecutor for the respondent-State.

Heard on I.A. No.9426/2022, which is second application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail to the appellant.

This Criminal Appeal assails the judgment dated 30/12/2021 passed in S . T. No. 43/2012 passed by 1st Additional Sessions Judge, Mungawali

District Ashoknagar (M.P.) whereby appellant stands convicted under Sections 419, 420, 467 and 468 of the IPC and Section 3(2)(d) read with Section 7(1)(a) (II) of the Essential Commodities Act and sentenced him to undergo two years RI, three years RI, seven years RI, five years RI and three years RI with fine of 1000/-, 2000/-, 5000/-, 2000/- and 2000/- respectively,with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without proper appreciation of facts of the case. The appellant has suffered around one year of incarceration as against seven years sentence awarded. Earlier second application was dismissed as withdrawn. No

case is made out against the appellant under Section 3(2)(d) read with Section 7(1)(a)(II) of the Essential Commodities Act. There is no evidence of violation of control order, hence, no case is made out. It is further submitted that relevant witnesses Usharaja (P.W.1) has not supported the prosecution story and prosecution case is totally based on the evidence of Sarpanch Usharaja (P.W.1). Allegations against the present appellant is of fabricating the documents by using false signature of Usharaja (P.W.1). Final hearing of this

appeal will take long time. Hence, prayed to suspend the jail sentence and grant of bail to the appellant.

Counsel for the State vehemently opposed the application and submitted that appellant prepared forged signature of Usharaja (P.W.1) who was Sarpanch of Gram Panchayat Kenwara and custody period is also short, therefore, prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No. 9426/2022 is hereby

allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.75,000/- (Rupees Seventy Five Thousand only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. The appellant is further directed to mark his appearance before the Office of this Court on 09/01/2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course.

A copy of this order be sent to the concerned Court below for compliance.

Certified copy as per rules.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

Prachi

PRACHI MISHRA 2022.11.01 10:57:17 +05'30'