Madhya Pradesh High Court
Ramhet Dhakad vs The State Of Madhya Pradesh on 14 August, 2023
Author: Satyendra Kumar Singh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRIMINAL APPEAL No.7467 of 2023
(RAMHET DHAKAD Vs. STATE OF MADHYA PRADESH)
DATED : 14-08-2023
Shri Amit Lahoti - Advocate for appellant.
Shri Dheeraj Kumar Budholiya- Advocate for respondent.
Heard on the question of admission.
2. The appeal being arguable, is admitted for final hearing.
3. Also heard on I.A.No.10291/2023, which is first application for
suspension of sentence and grant of bail moved on behalf of appellant.
4. The Trial Court has convicted the appellant under Sections 409,
467, 468, 471 of IPC and Sections 13 (1) (d) read with Section 13 (2) of
the Prevention of Corruption Act vide judgment of conviction and order
of sentence dated 6/6/2023 passed by Special Judge, Prevention of
Corruption Act, Morena in Case No. Special SC No.-69/2018 and
sentenced him as under:-
Conviction Sentence
Section Act Imprisonment Fine Imprisonment
in lieu of fine
409 IPC Five years RI Rs.50,000/- Two years RI
467 IPC Ten years RI Rs.50,000/- Two years RI
468 IPC Five years RI Rs.30,000/- One year RI
471 IPC Two years RI Rs.20,000/- Six months RI
13 (1) (d) r/w PC, Act Five years RI Rs.20,000/- Six months RI
13 (2)
5. Prosecution case in brief is that in the year 1995-1996 appellant
being the Secretary of the Society, which runs Jagdamba Highschool,
Dharsola, in connivance with the Principal of the aforesaid school and
other co-accused persons illegally got sanctioned scholarship amount of
Rs.1,10,060/- by mentioning forged and fabricated names of the
SC/ST/OBC students in the scholarship list of Jagdamba Highschool,
Dharsola and on the basis of forged and fabricated list, withdrew and
misappropriated a huge amount.
6. Learned counsel for the appellant submits that appellant being the
Secretary of the Society was not directly involved in the administration
and functioning of the school. He has been implicated in the matter only
because he was the Secretary of the Society, which runs the school. All
the prosecution witnesses have turned hostile and there is nothing to
suggest that appellant was involved in the crime. Co-accused, i.e.
Principal of the aforesaid school has died. Appellant is an old aged
person aged about 67 years. He was enlarged on bail during trial and did
not misuse the liberty granted to him. There is no likelihood of hearing
of this appeal in near future. Therefore, his remaining jail sentence be
suspended and he be enlarged on bail.
7. Learned counsel for the respondent has opposed the prayer and
submits that appellant on the basis of forged and fabricated list of
students, withdrew and misappropriated huge amount of scholarship.
Prosecution has proved its case beyond reasonable doubt. Learned Trial
Court has not committed any error in convicting the appellant for the
offences mentioned above. In view of the aforesaid, the appellant is not
entitled to be released on bail.
8. Heard learned counsel for both the parties and perused the record.
9. Having considered the rival submissions, nature of allegations
alleged against the appellant, so also his age and the fact that there is no
likelihood of hearing of this appeal in near future, without expressing
any opinion on merits of the case, the application is allowed and the
remaining jail sentence of the appellant is suspended.
9.1 It is directed that subject to depositing the fine amount, if already
not deposited, appellant shall be released on bail on furnishing personal
bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along
with separate solvent surety in the like amount to the satisfaction of
Trial Court, for his appearance before the Registry of this Court firstly
on 15/09/2023, and on such other dates, as may be fixed by the Registry
in this regard, till final disposal of this appeal.
9.2 I.A. is allowed.
C.C. as per rules.
(SATYENDRA KUMAR SINGH)
JUDGE
Arun*
ARUN KUMAR MISHRA
2023.08.14 17:44:47 +05'30'
