Shri Abinash Kumar vs The State Of Madhya Pradesh
2023 Latest Caselaw 12750 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       CRA No. 840 of 2023
                                    (SHRI ABINASH KUMAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 08-08-2023
                                Mr. Rajesh Maindiretta - Advocate for the appellants.

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

Heard on I.A. No. 962/2023 an application under Sections 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellants arising out of judgment dated 23.12.2022 delivered in ST No. 123/2017 by

Additional Sessions Judge, Baihar district Balaghat Appellants have 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 appellants after referring to impugned judgment and Ex. P/37, P/38 and P/39 submits that learned trial Court has convicted appellants on the basis of above documents and learned trial Court has also observed in the impugned judgment that appellant Vijay Kawarethi signature has

been found on Ex. P/37 and Ex. P/38 whereas appellant Abinash Kumar signature has been found on Ex. P/39. Learned counsel for the appellants has also referred to Ex. D/12, D/13 and D/14 to contain that it is co-accused Ishan Gupta who has received the cash but did not deposit the same in concerned ATM. There is no evidence to connect them with the offence. Learned trial Court has wrongly convicted and sentenced them. The final hearing of this appeal is not possible in near future. On the above grounds, learned counsel for the appellants submits that jail sentence of the appellants be suspended and Signature Not Verified Signed by: LALIT SINGH RANA Signing time: 8/11/2023 12:20:51 PM

they be released on bail.

The prayer is opposed by learned State counsel. With reference to submission of learned counsels, I have minutely perused the evidence produced by prosecution, both oral as well as documentary and also produced in defence. It is apparent from report of handwriting expert that appellants' signature have been found on debit slip Ex. P/37, P/38 and P/39. Evidently, there is overwriting on debit slip Ex. P/37, P/38 and P/39. Therefore, in view of above, I am of the considered view that no case for suspension of sentence of the appellants is made out.

Therefore, I.A.No. 962/2023 an application under Section 389(1) of

Cr.P.C. for suspension of jail sentence and grant of bail to appellants-Abinash Kumar and Vijay Kawarethi 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