Kashiram vs The State Of Madhya Pradesh
2023 Latest Caselaw 468 MP

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE CRA No. 7557 of 2022 (KASHIRAM Vs THE STATE OF MADHYA PRADESH)

Dated : 09-01-2023 Shri Pankaj Ajmera - Advocate for appellant.

Shri Govind Rai Purohit - GA for State.

Heard on IA No.13960/2022 an application for suspension of sentence u/S.389 of the Cr.P.C.

The appellant has been convicted u/Ss.420/120-B, 467/120-B, 468/120-B

and 471/120-B of the IPC and respectively sentenced to undergo RI for five years with fine of Rs.1000/-, seven years RI with fine of Rs.1000/-, five years RI with fine of Rs.1000/- and one year RI with fine of Rs.500/- with default stipulation by learned I Addl. Sessions Judge, Barwani in ST No.100112/2015 dated 27.8.2022.

The prosecution case is that complainant Dayananad who is the Branch Manager at State Bank of India, Julvaniya made a complaint to Police Station Rajpur alleging that co-accused Mohan, Shivram, Bhavsingh and Dariyav have obtained the loan from the bank on the basis of forged documents. The

allegation against the present appellant is that he has prepared forged rin pustika and revenue documents.

Counsel for appellant submits that the appellant is an illiterate farmer and he does not know how to sign. It is further submitted that in the handwriting expert report, in document IX q-1 to 1-8 the handwriting of the present appellant has not matched. He has referred to para 48 of the judgment in which it is mentioned that the handwriting of accused Bhavsingh, Mohan and Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 09-01-2023 17:58:20

Shivram has matched in the handwriting expert but the signature of the appellant has not matched. It is further submitted that the appellant was on bail during trial and he did not misuse the liberty.

Counsel for State opposed the prayer for grant of bail, however could not dispute the fact that the signature of the appellant on document IX did not match with his signature as referred in para 48 of the judgment.

Considering the same, I find prima facie case is made out for suspension of the sentence. Accordingly, the application is allowed. The substantive jail sentence of the appellant shall remain suspended upon depositing the fine amount, if not already deposited and upon furnishing bail

bond of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial court for his appearance before the Registry of this Court on 19.4.2023 and on the subsequent dates as may be fixed in this behalf by the Registry.

(VIJAY KUMAR SHUKLA) JUDGE

VM

Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 09-01-2023 17:58:20