Rikkhiram vs The State Of Madhya Pradesh
2023 Latest Caselaw 6482 MP

                                                   1
                             IN THE HIGH COURT OF MADHYA PRADESH
                                           AT INDORE
                                           CRA No. 4289 of 2023
                                    (RIKKHIRAM Vs THE STATE OF MADHYA PRADESH)

              Dated : 21-04-2023
                      Shri Nandlal Tiwari - Advocate for the appellant.

                      Shri Hemant Sharma - GA for respondent/State.

Record of the trial Court has been received in connected appeal. Heard on the question of admission.

The appeal is admitted for final hearing. Also heard on I.A.No.4283 of 2023, which is an application under

Section 389(1) of Cr.P.C. for grant of bail and suspension of remaining jail sentence on behalf of the appellant Rikkhiram.

Appellant stands convicted vide judgment dated 10/03/2023 passed in S.T.No.300010/2016 by I Additional Sessions Judge, West Nimar, Mandleshwar (M.P.) for the offence under Sections 420/34, 467/34, 468/34 and 471/34 of Indian Penal Code, 1860 and has been sentenced to undergo 7 years RI with fine of Rs.1,50,000/-, 3 years R.I. with fine of Rs.1,50,000/-, 3 years R.I. with fine of Rs.1,50,000/- and 2 years R.I. with fine of Rs.1,00,000/- respectively, with usual default stipulation.

Learned counsel for the appellant submits that appellant is an innocent person and he was the Bank Manager and has been falsely implicated in this matter. During the trial appellant was on bail and he has not misused the liberty granted to him. He has been enlarged on bail and his remaining part of jail sentence has been suspended in other criminal cases registered against him. Signature NotThere Verified are material contradictions and omissions in the statement of the Signed by: TRILOK SINGH SAVNER witnesses. Looking to old pendency of the cases for consideration, final Signing time: 21-Apr-23 6:11:55 PM

conclusion of this appeal would take sufficient long time. Prima facie there is a strong case in favour of the appellant. Hence, he prays that the execution of the remaining part of the jail sentence of the appellant be suspended till the final disposal of this appeal.

Per contra, learned counsel for the respondent / State opposes the application for suspension of sentence and prays for its rejection.

Considering all the facts and circumstances of the case, nature of the allegation levelled against the appellant and also taking note of the fact that appellant was on bail during the trial; there is no complaint that he has misused the liberty granted to him and final conclusion of the appeal will also take

sufficient long time, in view of the aforesaid facts and circumstances of the case, I deem it proper to suspend the remaining custodial sentence of the appellant.

Accordingly, I.A.No.4283 of 2023 is allowed and it is directed subject to deposit of fine any amount, if not already deposited, and subject to furnishing personal bond by the appellant in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with separate solvent surety in the like amount to the satisfaction of learned trial Court, the execution of remaining custodial part of the sentence of the appellant shall remain suspended, till final disposal of this appeal.

The appellant after being enlarged on bail shall mark his presence before the Registry of this Court on 01/11/2023 and on all such subsequent dates, which are fixed in this behalf.

Registry is directed to list the appeal for final hearing in due course. Signature Not Verified C.C. as per rules.

Signed by: TRILOK SINGH SAVNER Signing time: 21-Apr-23 6:11:55 PM

(ANIL VERMA) JUDGE

trilok

Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 21-Apr-23 6:11:55 PM