Suresh Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 2086 MP

                                                                1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        CRA No. 12663 of 2022
                                          (SURESH SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 06-02-2023
                                 Shri Vivek Singh, learned counsel for the appellants.

                                 Shri Mukesh Kumawat, learned Government Advocate for the
                           respondent/State.

Heard on the question of admission.

Admit.

Heard on IA No.17087/2022, which is first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of the appellant no.2-Kamlabai.

This appeal is filed by the appellants being aggrieved by the judgment dated 22.12.2022 passed by learned Additional Sessions Judge, Kachrod, district Ujjain in S.T.No.100528/2014 whereby the appellant has been convicted for the offence under Sections 120-B, 420, 467 and 468 of IPC and sentenced to undergo 3 years R.I., 3 years R.I., 7 years R.I. 3 years R.I. with fine of Rs. 5,000/-, 5,000/- ,5,000/- and Rs.5,000/- respectively with default stipulation.

As per prosecution story, this appellant is owner of the agricultural land which was mortgaged with the Bank in order to secure the loan. The allegations against the accused persons are that they over valued the land for the purpose of taking higher amount of loan.

Learned counsel for the appellant submits the appellant is innocent and has been falsely implicated in the case and she is a lady aged about 68 years. There is no criminal past. Her sons are already in jail and at the most it is civil liability to repay the loan for which the Bank could have initiated the Signature Not Verified Signed by: REENA JOSEPH Signing time: 06-02-2023 17:48:27

proceedings in a civil Court for recovery of the loan, but in order to put undue pressure, FIR has been lodged. Before granting loan the Bank has obtained the search report. She was on bail during trial and did not misused the liberty granted to her and final hearing of this appeal will take sufficient long time. Hence, prays for suspension of sentence and grant of bail to the appellant.

Learned Government Advocate opposes the application and prays for its rejection.

Considering the facts and circumstances of the case and the arguments advanced by the counsel for the parties and there is no likelihood of early hearing of this appeal in near future, the application (I.A.No.17087/2022) is

allowed.

It is directed that the jail sentence of the appellant shall remain suspended and she be released on bail upon her depositing the fine amount (if not already deposited) and also upon furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court for her appearance before the trial Court, Ujjain on 15.06.2023 and on such further dates as may be fixed in this behalf by the concerned trial Court during the pendency of this appeal.

List for final hearing in due course.

Accordingly, I.A.No.17087/2022 and I.A.No.17088/2022 stand disposed off.

(VIVEK RUSIA) JUDGE RJ

Signature Not Verified Signed by: REENA JOSEPH Signing time: 06-02-2023 17:48:27