R.S.Garg vs State Of Madhya Pradesh
2023 Latest Caselaw 13375 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 6727 of 2023
                                                  (R.S.GARG Vs STATE OF MADHYA PRADESH)

                          Dated : 17-08-2023
                                Shri Anurag Gohil - Advocate for the appellant.

                                Shri Viswa Mohan Bharadwaj - Advocate for the respondent.

Heard on admission.

The appeal seems to be arguable, hence admitted for final hearing. Also heard on I.A. No.14421/2023, an application for suspension of

sentence and grant of bail to the appellant.

The appellant has been convicted under Sections 420 read with Section 120-B, 467, 471 of I.P.C. and Section 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988 and sentenced to undergo rigorous imprisonment for three years (four counts) with fine of Rs.2,000/- (four counts) respectively with default stipulations.

Record of the trial Court reveals that loan was granted to the farmers, as the loan was not repaid, the farmers were declared NPA and thereafter the land of the farmers were auctioned by the Bank. It is stated that a PIL was initially

filed as the lands were sold below the Collector guidelines and at a nominal rate without following the procedure. In the PIL a direction was issued to make an enquiry. After the enquiry, it was revealed that without following the procedure, the land of the farmers have been sold. In some of the cases, not even information was given to the farmers that their lands are being sold.

It is submitted by learned counsel for the appellant that present appellant was ex-Joint Registrar. His duty was to confirm the sale, he had no other option but to confirm the sale deed when the sale became final. It is further Signature Not Verified Signed by: GEETHA NAIR Signing time: 8/18/2023 5:15:08 PM

pointed out that in the entire process, the possession of the land was never handed over and no loss has accrued to the seller/land owners. Referring to para 33, 58, 59 of the judgment, it is stated that Shrikumar Joshi (P.W.-2) I.O. has admitted in his statement that no search, seizure or any preliminary enquiry was held by him in this regard, despite that, the trial Court had convicted the present appellant.

Learned counsel for the appellant submits that the appellant was on bail during the trial and after judgment the trial Court has suspended the jail sentence of the appellant. It is not disputed that the liberty granted to the appellant has not been misused.

Looking to the short sentence (three years) and the fact that appeal is going to take time to be finally decided, this application is allowed.

Remaining jail sentence of the appellant is hereby suspended and it is directed that subject to depositing the fine amount and furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with two sureties in the like amount to the satisfaction of trial Court concerned, the appellant shall be released on bail with a further direction to appear before the Registry of this Court firstly on 22nd December, 2023, and also on such other dates as may be fixed by the Registry in this regard during the pendency of this appeal.

I.A. No.14421/2023 stands disposed of.

List for final hearing in due course alongwith Cr.A. No.6255/2023. Certified copy as per rules.

(NANDITA DUBEY) JUDGE

gn

Signature Not Verified Signed by: GEETHA NAIR Signing time: 8/18/2023 5:15:08 PM

Signature Not Verified Signed by: GEETHA NAIR Signing time: 8/18/2023 5:15:08 PM