Madhya Pradesh High Court
Yashwant R. Gose vs The State Of Madhya Pradesh on 26 September, 2022
Author: Nandita Dubey
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 6558 of 2022
(YASHWANT R. GOSE Vs THE STATE OF MADHYA PRADESH)
Dated : 26-09-2022
Shri Deepesh Joshi, learned counsel for the appellant.
Shri Madhur Shukla, learned counsel for the respondent/Lokayukta.
Appeal seems to be arguable, hence it is admitted for final hearing.
Heard on I.A.No.14373/2022, an application under Section 389(1) of Cr.P.C.
for suspension of sentence and grant of bail to the appellant.
The appellant has been convicted for the offences punishable under Sections
420 r/w section 120-B, 467 r/w section 120-B, 468 r/w section 120-B and 471 r/w
section 120-B of IPC and under Section 13(1)(d) r/w 13 (2) of Prevention of
Corruption Act and sentenced him to undergo R.I. for 3 years with fine of Rs.2000/-
for each offence with default clause.
The trial Court recorded a finding that a loss of Rs.1.5 Crores has been caused
to the Housing Board due to wrong entries made in the measurement books by the
present appellant in collusion with the private respondent (Thekedar).
Learned counsel for the appellant submits that the final bill in the case of
appellant has not yet been prepared and no payment has been made to the appellant
despite that the trial Court on the basis of a report which was prepared without
inspecting the site considered the sum of Rs.1.5 Crores as ascertained amount. Under
the circumstances, the conclusion reached by the trial Court that a loss has been caused
is illegal and against the evidence on record. It is further pointed out that the trial Court
has put a negative burden on the appellant to prove that the entries made in the
measurement books were not made by the appellant.
Learned counsel for the respondent has vehemently opposed the application.
Referring to para 225 of the judgment, it is stated that the trial Court has considered the
enquiry report for reaching to such conclusion.
Considering the submissions made by learned counsel for the parties and the
Signature Not Verified
Signed by: BHARTI GADGE
Signing time: 9/27/2022
10:27:31 AM
material available on record, this application is allowed and it is directed that the
execution of the jail sentence alone passed against the appellant shall remain suspended
during the pendency of this appeal and he be released on bail upon furnishing personal
bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with surety in like amount to
the satisfaction of the trial Court for his appearance before the Registry of this Court
on 10.04.2023 and on such further dates as may be fixed in this behalf by the Registry
during the pendency of this appeal.
List the matter for final hearing in due course.
Certified copy as per rules.
(NANDITA DUBEY)
JUDGE
b
Signature Not Verified
Signed by: BHARTI GADGE
Signing time: 9/27/2022
10:27:31 AM
