Ishan Gupta vs The State Of Madhya Pradesh
2023 Latest Caselaw 12749 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       CRA No. 772 of 2023
                                              (ISHAN GUPTA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 08-08-2023
                                Mr. Jayant Neekhra- Advocate for the appellants.

                                Ms. Chandrakanta Pal - Panel Lawyer for the respondent/State.

Heard on I.A. No. 3924/2023 an application under Sections 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant arising out of judgment dated 23.12.2022 delivered in ST No.

123/2017 by Additional Sessions Judge, Baihar district Balaghat The appellant has been convicted under Sections 468 and 471 of IPC, Section 409/120-B of IPC and sentenced to undergo R.I. for 10 years with fine of Rs.50000/- and Section 467 of IPC and sentenced to undergo R.I. for 10 years with fine of Rs. 50000/- with default stipulations.

Learned counsel for the appellant after referring to impugned judgment and evidence on record extensively submits that appellant has not received any money and he had not forged any documents. There is overwriting in Ex. P/37, P/38 and P/39. No loading indent has been filed. Appellant has been implicated

in the instant case by again using Ex. P/37, P/38 and P/39. Appellant is an employee of SIS firm and he is not an employee of concerned Bank. As an employee of SIS firm, his duty was to deposit money in the ATM after receiving the same from bank. Therefore, as appellant did not receive any money from the Bank to deposit the same in ATM, therefore, no liability can be imposed upon the appellant. There is no evidence against the appellant. Appellant is in custody for approximately one year. Co-accused Raja Phulsunghe has been acquitted by the learned trial Court. Learned counsel for Signature Not Verified Signed by: LALIT SINGH RANA Signing time: 8/11/2023 12:20:51 PM

the appellant after referring to PW-2, PW-20 and Para 48 of the impugned judgment and other documents on record submits that appellant had not sent any indent to the bank. It is also contended that FSS firm did not send any indent to SIS firm and in turn, SIS did not send to the bank. There is manipulation in Ex. P/37 to P/39 and they are forged documents. Ex. D/12 is not mentioned in the impugned judgment and there is no evidence with respect to Ex. D/12. It is also contended that concerned Bank and SIS have mutually settled the claim.

It is also urged by learned counsel for the appellant that so far as recovery of Rs. 4,00,000/- from appellant is concerned, appellant has proved

that amount recovered from him was amount of his father's FD which was liquidated. Defence witness/co-accused Nirbhay Gupta is not a reliable witness. There is no evidence to connect him with the offence. Learned trial Court has wrongly convicted and sentenced him. The final hearing of this appeal is not possible in near future. On the above grounds, learned counsel for the appellant submits that jail sentence of the appellant be suspended and he be released on bail.

The prayer is opposed by learned State counsel. With reference to submission of learned counsel, I have minutely perused the evidence produced by prosecution, both oral as well as documentary and also produced in defence. It is evident from evidence that appellant Ishan Gupta was custodian of SIS firm and it is he who has received the amount for being deposited in concerned ATM. It is also apparent from the record of case that amount of Rs. 4,00,000/- has been recovered from appellant in pursuance of his memorandum.

Signature Not Verified Signed by: LALIT SINGH RANA Signing time: 8/11/2023 12:20:51 PM

Therefore, in view of above, I am of the considered view that no case for suspension of sentence of the appellant is made out.

Therefore, I.A.No. 3924/2023 an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to appellant-Ishan Gupta stands dismissed.

List the case for final hearing in due course.

(ACHAL KUMAR PALIWAL) JUDGE

L.R.

Signature Not Verified Signed by: LALIT SINGH RANA Signing time: 8/11/2023 12:20:51 PM