Madhya Pradesh High Court
Kamlakant Khare vs The State Of Madhya Pradesh on 3 February, 2023
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 9235 of 2022
(KAMLAKANT KHARE Vs THE STATE OF MADHYA PRADESH)
CRA No. 9339 of 2022
(SHIKHAR CHANDRA JAIN Vs THE STATE OF MADHYA PRADESH)
Dated : 03-02-2023
Shri Abhinav Shrivastava - Advocate for the appellant in Cr.A. No.
9235/2022.
Shri Manish Datt - Senior Advocate with Shri Siddharth Bendel -
Advocate for the appellant in Cr.A. No. 9339/2022.
Shri A.N. Gupta - Government Advocate for the respondent/State
Trial Court record has been received.
Shri Abhinav Shrivastava, counsel for the appellant Kamlakant Khare is
heard on admission.
Prima facie this appeal seems to be arguable. Hence, admitted for final
hearing.
Learned counsel for the appellants are heard on I.A. No. 19282/22 and
I.A. No. 19446/2022.
Both appellants have been convicted for commission of offence under
Section 467/120-B, 468/120-B and 471/120-B of IPC and have been sentenced
to undergo R.I. for 7-7 years and fine of Rs. 5,000/-, 3,000/- and 5,000/- with
default stipulation, all sentences run concurrently vide judgment dated
23.09.2022 passed in Session Trial No.402/2013 (State of MP Vs. Kamlakant
Khare and others) by the learned 5th Additional Sessions Judge, Chhatarpur
Learned counsel for the appellants have submitted that appellants have
been erroneously convicted. In the course of trial, they were on bail. They have
not misused the liberty granted to them by way of bail. Appellants Shikhar
Chandra Jain is 72 years old retired Government employee having no criminal
background. It is case of both the appellants that money alleged to have been
deposited through the cheque was received by Ujjwal Sinha and his wife, as an
amount of Rs. 16,00,000/- (Sixteen Lakh) was transferred in the account of the
wife of the Ujjwal Sinha and remaining amount of Rs. 8,00,000/- (Eight Lakh)
was withdrawn by the Ujjwal Sinha himself.
It is contended that there was no evidence on record before the trial
Court that even a single penny of the alleged amount was received by the
appellants. It was a case of Shikhar Chandra Jain that after his retirement, he
had moved an application before the Branch Manager Allahabad Bank
Chhatarpur for transferring his bank account from Chhatarpur to Sagar and
alongwith that application he had deposited his unused cheque book with the
bank and same has been admitted by the witness Arvind Khare in his evidence.
Referring the evidence of prosecution witness Awadhbihari Khare, it is
contended that entire money was withdrawn by Ujjwal Sinha and his wife. The
alleged embezzled money has already been deposited with the Jila Panchayat in
compliance of the conditions imposed by this Court while granting bail to the
Ujjwal Sinha and Shikhar Chandra Jain. Learned counsel for the appellant
Kamlakant Khare has contended that he had lodged the FIR against the guilty
person at the behest of the than Chief Executive Officer Jila Panchayat although
cheque book used to remain in his possession but he was not aware about the
stealing of cheque by Ujjwal Sinha who was also working in the same office.
It is argued that learned trial Court has not properly appreciated the
evidence of prosecution witnesses and defence witnesses who have clearly
admditted that no money withdrawn from the bank was received by these both
appellants. Clean chit was given to Kamlakant Khare by the inquiry committee.
It is also contended that no manipulation whatsoever done by both the
appellants have been proved by the prosecution. They had not prepared or
used any forged documents at genuine documents. Therefore, learned trial
Court was not justified to convicting them. They have fair chances to succeed
in appeal. Appellant Shikhar Chandar Jain is 72 years old man. Whereas
Kamlakant Khare is 55 years old and still serving as Accountant, District
Panchayat Chhatarpur. They have faced the agony of trial for more than 10
years. There is no possibility of coming of this appeal for hearing in near future.
Therefore, if the jail sentence is not suspended, the purpose of filing of this
appeal would become futile.
On the other hand, learned counsel for the respondent/State has opposed
the prayer for grant of bail to the appellants and has contended that it was not
possible for Ujjwal Sinha to steal the cheque from the cheque book which was
in the possession of appellant Kamlakant Khare without his connivance and
conspiracy. Therefore, he has prayed for the rejection of the bail application.
I have gone through the evidence of prosecution witnesses, defence
witnesses and other material on record. Admittedly, the entire amount
withdrawn from the bank on the basis of cheque alleged to have been issued by
the District Panchayat Chhatarpur was received by the Ujjwal Sinha and his
wife. Money withdrawn through cheque has already been deposited with the
state exchequer. There is no possibility of coming of this appeal for hearing in
near future. It is not the case of State that in the course of trial, both the
appellants have misused the liberty granted to them by way of bail. Hearing of
this appeal will take considerable time. Therefore, having considered the
evidence of witnesses and other material on record, I am of the view that it is a
case in which both the appellants may be released on bail till final disposal of
the appeal.
Consequently, I.A. No. 19282/22 and I.A. No. 19446/2022 are allowed.
The execution of jail sentence of appellants-Kamlakant Khare and
Shikhar Chandra Jain is hereby suspended subject to depositing the fine
amount, (if not already deposited). It is directed that the appellants be
released on bail on their furnishing a personal bond to a sum of Rs.50,000/-
(Rupees Fifty thousand only) each with one solvent surety of the like amount
to the satisfaction of the trial Court with a further direction to appear before the
trial Court on 27.06.2023 and also on such other dates, as may be fixed by
that Court in this regard during the pendency of this appeal.
List this case for final hearing in due course.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
L.R.
Digitally signed by
LALIT SINGH RANA
Date: 2023.02.06
14:26:59 +05'30'
