Jagjeet Singh Vishta vs The State Of Madhya Pradesh
2023 Latest Caselaw 12752 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 1017 of 2023
                                         (JAGJEET SINGH VISHTA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 08-08-2023
                                Mr. Pradeep Singh Chouhan - Advocate for the appellant.

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

Heard on I.A. No. 1245/2023 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.50,000/- 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 the impugned judgment especially paras 38 to 40, submits that at the relevant point of time, appellant was cashier in the concerned Bank and he has withdrawn the money on the oral instruction of Branch Manager of the Bank. Nothing has been

recovered from him. 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 above ground, remaining jail sentence of appellant may be suspended and he be released on bail.

The prayer is opposed by learned State counsel. With reference to the submission of learned counsel, I have minutely perused the evidence produced by prosecution, both oral as well as documentary and also produced in defence. At relevant time, appellant Jagjeet Signature Not Verified Signed by: LALIT SINGH RANA Signing time: 8/11/2023 12:20:51 PM

Singh Vishta was posted as cashier in the concerned Bank and he has withdrawn the money from bank for being deposited in concerned ATM. 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. 1245/2023 an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to appellant-Jagjeet Singh Vishta 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