Shri Nirbhay Gupta vs The State Of Madhya Pradesh
2023 Latest Caselaw 12751 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 842 of 2023
                                          (SHRI NIRBHAY GUPTA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 08-08-2023
                                Mr. Anil Khare - Senior Advocate with Shri Rajesh Maindiretta for the

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

Heard on I.A. No. 968/2023 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 Section 409/120-B of IPC and sentenced to undergo R.I. for 10 years with fine of Rs.50000/- and Sections 467, 468 and 471 of IPC and Section 467 of IPC and sentenced to undergo R.I. for 10 years with fine of Rs. 50000/- with default stipulations.

Learned senior counsel for the appellant submits that at the relevant time, appellant was posted as Branch Manager of Syndicate Bank Ukwa Branch and he has been convicted and sentenced under Section 120-B of IPC. In the instant

case, appellant himself has lodged written report. There was a contract between Bank and FSS company for filling the ATM of Bank and in turn FSS company has authorized SIS for the job. Appellant has given the said amount to above company for being deposited in the ATM. Learned senior counsel for the appellant after referring to the impugned judgment and evidence on record extensively submits that appellant has given money to authorized person and had taken receipt thereof. He has not committed any forgery, in this connection learned senior counsel has relied upon the case of Sheila Sebastian Vs. R. Signature Not Verified Signed by: LALIT SINGH RANA Signing time: 8/11/2023 12:20:51 PM

Jawaharaj and another, (2018) 7 SCC 581 and Guru Bipin Singh Vs. Chongtham Manihar Singh and another, (1996) 11 SCC 622.

It is further submitted that there is no evidence with respect to Sections 409, 467, 468 and 120-B of IPC. At the most, it can be said that it is a case of dereliction of duty and case under Section 420 of IPC can be said to have been made out but learned trial Court has not convicted and sentenced appellant under Section 420 of IPC. No money has been recovered from the appellant. Learned senior counsel after referring to impugned judgment and oral evidence and documentary evidence on record, including Ex. D/3 to D/9, Articles 37 to 39 and DW-3 and DW-2 submits that co-accused Ishan Gupta was custodian

of SIS firm and he received the money but co-accused Ishan Gupta has not deposited the money in the concerned ATM. Therefore, Ishan Gupta is liable for breach of trust. 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 appellants be suspended and he be released on bail.

The prayer is opposed by learned State counsel. With reference to submissions of learned senior counsel, I have minutely perused the evidence produced by prosecution, both oral as well as documentary and also produced in defence. Further, I have minutely examined the impugned judgment in the light of submission made by learned senior counsel along with evidence on record. Evidently, appellant was a Branch Manager of concerned Bank at the time of incident and there is overwriting in debit slips Ex. P/37, P/38 and P/39 and no loading indent with reference to

Signature Not Verified amount given to authorized person of SIS firm/no CBR/EOD have been Signed by: LALIT SINGH RANA Signing time: 8/11/2023 12:20:51 PM

received. 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.968/2023 an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to appellant-Nirbhay 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