Madhya Pradesh High Court
Devashish Banerjee vs The State Of Madhya Pradesh on 12 April, 2023
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 6867 of 2021
(DEVASHISH BANERJEE Vs THE STATE OF MADHYA PRADESH)
Dated : 12-04-2023
Shri Anurag Gohil - Advocate for the appellant.
Ms. Kamlesh Tamrakar - Panel Lawyer for the respondent/State.
Heard on I.A.No.7866/2022, I.A.No.10918/2022, I.A.No. 15455/2022
and I.A.No.18939/2022, all applications for taking documents on record.
On due consideration, all aforesaid applications are allowed and the
documents are taken on record.
Also heard on I.A.No.5118/2023, an application for temporary
suspension of sentence.
Appellant has been convicted for commission of offence under Section
409 of IPC and has been sentenced to undergo 5 years RI and fine of
Rs.16,78,400/- with default stipulation vide impugned judgment dated
12.11.2021 passed in S.T.No.585/2009 by 15th ASJ, Bhopal.
Learned counsel for the appellant has submitted that appellant is in jail
from the date of judgment. He has already suffered more than 17 months in the
jail and prior to that he remained in jail for a period of 13 days. It is further
submitted that he was charged and convicted for embezzlement of an amount of
Rs.16,78,400/-. He has given his consent to bank to adjust that amount from his
retiral dues and the Head office of the bank has also consented for the same. It
is further submitted that learned trial Court has imposed a fine of Rs.16,78,400/-
. Appellant is not in a position to deposit that amount until and unless he is
released on temporary bail for a period of at least one month. Learned counsel
assures this Court that within one month from the date of his release appellant
Signature Not Verified
Signed by: BIJU BABY
Signing time:
4/13/2023 6:56:53 PM
shall deposit the fine amount before the trial Court because no dues can be
obtained by him unless he appears in the bank and put his signatures on the
papers. Therefore, he has prayed for grant of temporary bail for a period of one
month.
On the other hand, learned counsel for the State has opposed grant of
bail.
Having taken into consideration the submissions made by learned counsel
for the appellant and the material on record and the fact that appellant is in jail,
he has accorded his consent to bank to adjust the embezzled amount from his
retiral dues and is also ready to deposit the fine amount as imposed by trial
Court within a period of one month from the date of his temporary release.
Therefore, looking to the facts and circumstances of the case, I.A.No.
5118/2023 is allowed.
It is directed that appellant Devashish Banerjee be released on temporary
bail for a period of one month i.e. from 17.04.2023 to 16.05.2023 upon
furnishing a personal bond to a sum of Rs.1,00,000/- (Rupees one lakh) with
two solvent sureties in the sum of Rs.50,000/- (Rupees fifty thousand) each to
the satisfaction of the trial court. In the period of his release, he shall deposit the
fine amount before the trial Court. He shall surrender before the trial Court on
17.05.2023 for undergoing the remaining period of jail sentence.
It is further directed that in case appellant fails to surrender before trial
Court on 17.05.2023, trial Court shall take all necessary steps to ensure his
arrest and to send him to jail for undergoing remaining period of jail sentence.
Learned trial Court shall intimate this Court about surrender of appellant
as soon as he surrenders before it.
Signature Not Verified
I.A.No. 5118/2023 is disposed of accordingly.
Signed by: BIJU BABY
Signing time:
4/13/2023 6:56:53 PM
List on 12.06.2023.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
b
Signature Not Verified
Signed by: BIJU BABY
Signing time:
4/13/2023 6:56:53 PM
