Madhya Pradesh High Court
Ramkumar Bhatele vs Smt. Kamla Devi on 10 July, 2023
Author: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 7486 of 2022
(RAMKUMAR BHATELE Vs SMT. KAMLA DEVI AND OTHERS)
Dated : 10-07-2023
Shri Harshit Sharma, learned counsel for the appellant.
Shri N.K.Gupta, learned Sr. counsel with Ms.Rashi Kushwah, counsel
for respondent No.1.
Heard on I.A.No.8487/2023, an application to suspend the conviction
of the appellant.
Vide judgment dated 22nd August, 2022 passed by the 1st Additional
Sessions Judge, Gohad, Distt. Bhind, in S.T.No.313/2015 appellant has been
convicted under Sections 420/34, 467/34 and 471/468 of IPC with maximum
sentence of 10 years RI.
Allegation against the appellant is that he by hatching a conspiracy along
with his father and Sub-Registrar, manipulated the previously used stamp
papers and got executed the sale-deed of certain land in his favour without any
consideration, while at that time Jaynarayan, seller of the land, was suffering
from serious ailment and not able to execute the sale-deed.
It is submitted by the learned counsel for the appellant that appellant was
previously working as Arms Clerk in the office Collector, Distt. Bhind. Due to
his conviction for the aforesaid offences by the trial Court, he was removed
from service and directed to vacate the govt. accommodation. It is submitted
that appellant is the sole bread earner of his family. Therefore, it is prayed that
conviction of the appellant be stayed, so that he may put up his case before the
Signature Not Verified
authorities for his reinstatement. Learned counsel for the appellant in support of
Signed by: MADHU
SOODAN PRASAD
Signing time: 12-07-2023
10:36:15 AM
his submission placed reliance on the decision of the Apex Court in the case of
Lok Prahari, through its General Secretary S.N.Shukla Vs. Election
Commission of India & Ors. in Writ Petition (Civil) No.330/2016 decided on
26.9.2018, Full Bench decision of this Court in the case of Jamna Prasad vs.
State of M.P. & Ors. , 2003(1) MPHT 77, decision of Coordinate Bench of
this Court at Jabalpur in the case of Shakuntala Khatik vs. State of M.P. in
Criminal Appeal No.10870/2019 on 23.9.2020 and this Court in the case of
Sanjay Sharma vs. State of M.P. in Criminal Rev. No.1640/2021 on
3.7.2023. Learned counsel for the appellant further submits that against the
judgment passed by the Courts below in civil suit on the basis of which
complaint has been filed, second appeal is pending before this Court in which
stay has been granted in favour of the appellant.
Learned counsel for the respondent vehemently opposed the aforesaid
application.
It is settled law that power of suspension of conviction is vested to the
Appellate Court under Section 389(1) of Cr.P.C. but this power should be
exercised in a very exceptional cases having regard to all aspects including
ramification of such suspension.
In the present case, trial Court prima facie found that sale-deed executed
in favour of the appellant contains forged and fabricated stamp papers, and
therefore, appellant was in the knowledge of such facts, but he could not clarify
as to how such stamp papers are there in his sale-deed.
Looking to the facts and circumstances of the case, this Court is not
inclined to suspend the conviction of the appellant. Accordingly,
I.A.No.8487/2023 stands dismissed.
Signature Not Verified
Signed by: MADHU
SOODAN PRASAD
Signing time: 12-07-2023
10:36:15 AM
(DEEPAK KUMAR AGARWAL)
JUDGE
ms/-
Signature Not Verified
Signed by: MADHU
SOODAN PRASAD
Signing time: 12-07-2023
10:36:15 AM
