Vishwajit Kursange vs The State Of Madhya Pradesh
2023 Latest Caselaw 10810 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 7329 of 2023 (VISHWAJIT KURSANGE Vs THE STATE OF MADHYA PRADESH)

Dated : 13-07-2023 Shri Imtiaz Husain - Advocate for appellant.

Shri D. K. Shrivastava - Government Advocate for the State.

Heard on admission.

This appeal is admitted for hearing.

Also heard on I.A. No.14081/2023, which is first application under

section 389(1) of Cr.P.C. filed on behalf of appellant f o r suspension of sentence and grant of bail.

The appellant has been convicted by the trial Court for an offence punishable under Section 409 of IPC and sentenced to undergo R.I. for 7 years with fine of Rs.10,000/-, with default stipulation.

Learned counsel for the appellant has submitted that the trial Court has not properly appreciated the oral and documentary evidence available on record and committed error in convicting the appellant for aforesaid offence. Appellant is in custody since the date of judgment i.e. 27.5.2023 and there is a bleak

possibility of disposal of this appeal in near future. Therefore, the custodial sentence of the appellant may be suspended and he may be released on bail.

Learned counsel for the State has opposed the bail application. Heard learned counsel for both the parties and perused the judgment and record of the court below.

I t is claimed in the case that the appellant was Incharge of warehouse from 15.5.2015 and when the vigilance team inspected the warehouse in August, 2015 there was defalcation of around 1516 quintals of wheat that was earlier

entrusted in the custody of appellant. The report of vigilance team is perused and the statements given by Shri Devpati Saha Choudhary are examined. The report does not mention how the quantity of defalcated wheat was measured. Further, the judgment does not give any reference to the answers given in reply to the questionnaire, Ex.P52, wherein it was asked whether any variation was noticed when the last technical inspection was conducted on 28.5.2015.

Looking to these facts and circumstances of the case, this Court is inclined to suspend the jail sentence of the appellant, therefore, without commenting on the merit of the case, this application is allowed.

It is directed that on furnishing a personal bond in a sum of Rs.50,000/-

(Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of the appellant shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 16.10.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

Accordingly, the aforesaid I.A. stands allowed and disposed of. List this case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

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Digitally signed by PRASHANT SHRIVASTAVA Date: 2023.07.17 11:00:19 +05'30' Adobe Reader version: 11.0.23