Madhya Pradesh High Court
Sanjay Jaiswal vs The State Of Madhya Pradesh on 6 February, 2023
Author: Vijay Kumar Shukla
1
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.12649 OF 2022
(Sanjay Jaiswal vs The State of Madhya Pradesh)
Indore, Dated 06.02.2023
Mr. Rituraj R. Bhatnagar, learned counsel for the
appellant.
Mr. Mukesh Sharma, learned counsel for the
respondent/State.
Heard on the point of admission.
The appeal is admitted for final hearing.
Also heard on IA No.17067/2022 which is first
suspension application under Section 389 (1) of Criminal
Procedure Code, 1973, filed on behalf of appellant - Sanjay
Jaiswal S/o Shri Rameshchandra Jaiswal who has been
convicted by learned Additional Sessions Judge, Tehsil-
Badnagar, District - Ujjain in Session Trial No.100035/2017
vide judgment dated 20.12.2022 and has been sentenced him as
under:
Conviction Sentence
Section & Act Imprisonment Fine Imprisonment in
Amount lieu of fine
420 r/w 120-B 05 years RI 3,00,000/- 01 year RI in default
IPC
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.12649 OF 2022
(Sanjay Jaiswal vs The State of Madhya Pradesh)
Counsel for the appellant submits that the total alleged
cheated amount in the present case was Rs.18.00 lakhs. As per
the order of this Court while planting the appeal the part amount
was deposited and thereafter as per the order of the trial Court
contained in para-29 of the judgment, the amount has already
been deposited by the appellant and other co-accused persons,
thus the entire amount of Rs.18.00 lakhs cheated amount has
been paid to the ten complainants. He also submits that the
appellant was on bail during trial and he has not misused the
liberty so granted to him. The appellant was charged for the
offence punishable under Section 420, 120-B, 467, 120-B, 468,
120-B, 471 and 120-B of IPC, however he has been acquitted
for the offence punishable under Section 467, 468, 471 of IPC
and the conviction is only under Section 420 of IPC read with
Section 120-B of IPC and hence he has been sentenced to RI for
five years along with Rs.3.00 lakhs with further default
stipulation.
Per contra, counsel for the State opposes the prayer for
grant of suspension and submits that the some of the accused
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.12649 OF 2022
(Sanjay Jaiswal vs The State of Madhya Pradesh)
persons are Directors of the Company who is alleged to have
cheated the complainants and the allegations are serious in
nature but he does not dispute the fact that the alleged amount
has already been paid to the complainants as per the order of
this Court as a bail condition and also as per para - 29 of the
judgment passed by the trial Court. Hence prays for rejection of
the suspension application.
After hearing learned counsel for the parties and taking
into consideration the fact that the alleged cheated amount has
already been paid to the complainants and the appellant was on
bail during trial and has not misused the liberty so granted to
him and the final hearing of appeal may take time, accordingly
the application IA No.17067/2022 is being allowed.
It is directed that substantive jail sentence of appellant -
Sanjay Jaiswal S/o Shri Rameshchandra Jaiswal shall be
suspended subject to his depositing the fine amount (if not
already deposited) and on furnishing a personal bond in the sum
of Rs.50,000/-(Rupees Fifty Thousand) with one local solvent
surety of like amount to the satisfaction of trial Court for his
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.12649 OF 2022
(Sanjay Jaiswal vs The State of Madhya Pradesh)
appearance before the Registry of this Court on 09.08.2023 and
on all other subsequent dates as may be fixed by the Registry in
this behalf. Accordingly, application IA No.17067/2022 stands
disposed off.
List the appeal for final hearing in due course.
Certified copy, as per Rules.
(VIJAY KUMAR SHUKLA)
JUDGE
Arun/-
Digitally signed by ARUN NAIR
Date: 2023.02.07 11:09:16
+05'30'
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.12649 OF 2022
(Sanjay Jaiswal vs The State of Madhya Pradesh)
