Madhya Pradesh High Court
Chhotelal Jaiswal vs The State Of Madhya Pradesh on 17 August, 2023
Author: Chief Justice
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 3552 of 2023
(CHHOTELAL JAISWAL Vs THE STATE OF MADHYA PRADESH)
Dated : 17-08-2023
Shri Manish Datt - Senior Advocate with Shri Mayank Sharma -
Advocate for appellant.
Shri A.S. Baghel - Public Prosecutor for respondent.
Heard on I.A.No.5642 of 2023.
This is the first application seeking for suspension of sentence and bail
filed on behalf of accused-appellant.
The case of the prosecution is that co-accused Kritagya Goyal had
deposited the money in the accounts of the accused herein as well as in the
accounts of various other accused. The co-accused Kritagya Goyal was
working in the establishment of the Tribal Welfare Department as Assistant
Grade-III at Annuppur. He has embezzled the funds of the departments
transferring to this accused and later on recovered the money from this
accused. Based on the complaint, a case was registered vide Crime No.310 of
2015. Thus, the accused has been convicted under Section 409 read with
Section 120-B and Section 411 of the Indian Penal Code and sentenced to
undergo R.I. for ten years and a fine of Rs.5000/- and R.I. for two years and a
fine of Rs.1000/- respectively with default stipulations as mentioned in the
impugned judgment dated 14.02.2023 passed by the Sessions Judge, Anuppur
in S.T.No.1951 of 2015. Hence, this appeal.
Learned counsel for the accused contends that he was not involved in the
embezzlement of funds. Even if the case of the prosecution is to be accepted,
the main accused is the one who has withdrawn and passed on the sum to the
Signature Not Verified
Signed by: SHALINI
LANDGE
Signing time: 8/21/2023
10:59:20 AM
accounts of the accused herein and thereafter collected the money. Therefore, it
is only the primary accused who would be responsible for embezzlement of
funds. Furthermore, he has filed I.A.No.19426 of 2023 wherein he undertakes
to deposit the amount alleged against him only for the purposes of showing his
bona fide. Therefore, even if he is convicted, the amount would have to be
recovered. To show his bona fide, he agrees to deposit Rs.1,25,000/- with the
interest.
The same is disputed by the learned Public Prosecutor.
However, on considering the contentions, we are of the view that even if
the case of the prosecution is to be accepted, the accused herein is only to be
held responsible for receiving the stolen property. It may or may not be a case
of other offences as alleged against the main accused. However, they are
matters to be considered at the state of final hearing. For the present, in view of
the undertaking being given, we are of the view that it would be just and
appropriate to enlarge him on bail. Hence, the application (I.A. No.5642 of
2023) filed by accused/appellant is allowed.
It is directed that subject to the accused/appellant herein depositing a sum
of Rs.1,25,000/- along with interest at the rate of 6% per annum from May,
2014 till today with the trial court within a period of one week from today, he is
directed to be enlarged on bail on his furnishing a personal bond in the sum of
Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like
amount to the satisfaction of the trial Court for his appearance before the trial
Court/concerned Court on 23.11.2023 and thereafter on such other subsequent
dates as may be fixed in that behalf.
I.A.No.19426 of 2023 is disposed off.
Signature Not Verified
Signed by: SHALINI
LANDGE
Signing time: 8/21/2023
10:59:20 AM
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
Sha
Signature Not Verified
Signed by: SHALINI
LANDGE
Signing time: 8/21/2023
10:59:20 AM
