Dashram Rajak vs The State Of Madhya Pradesh
2023 Latest Caselaw 13376 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 7061 of 2023
                                            (DASHRAM RAJAK Vs THE STATE OF MADHYA PRADESH)

                          Dated : 17-08-2023
                                Shri Deepak Kumar Raghuvanshi - Advocate for the appellant.

                                Shri Vishwa 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.12795/2023, an application for suspension of

sentence and grant of bail to the appellant.

The appellant has been convicted under Section 420 read with Section 120-B of I.P.C. and sentenced to undergo rigorous imprisonment for three years with fine of Rs.2,000/- 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 the auction purchaser and he has purchased the land for Rs.30,000/-. It is stated that the possession has not been handed over to him despite the sale. He further stated that no loss has caused to the Bank or to the land owner, only loss that has been caused to him as he has deposited the amount of Rs.30,000/- Signature Not Verified Signed by: GEETHA NAIR Signing time: 8/18/2023 5:15:08 PM

with the Bank.

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.12795/2023 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