Sohanlal vs The State Of Madhya Pradesh
2023 Latest Caselaw 10895 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                          CRA No. 4911 of 2023
                                                  (SOHANLAL Vs THE STATE OF MADHYA PRADESH)

                           Dated : 14-07-2023
                                 Shri Abhijeet Singh Chouhan - Advocate for appellant.

                                 Shri Kapil Mahant - Panel Lawyer for State.
                                 Heard on I.A.No. 4916/2023, which is first application under Section
                           389(1) of Cr.P.C. for grant of bail and suspension of remaining jail sentence on
                           behalf of appellant.
                              Appellant stands convicted under Sections 420 of Indian Penal Code, 1860

                           and has been sentenced to undergo five years RI with fine of Rs. 5,000/- with
                           usual default stipulation.
                                 Learned counsel for the appellant submits that appellant is an innocent
                           person and he has been falsely implicated in this matter.          There are material
                           contradictions and omissions in the statement of the witnesses. There is strong
                           case in favour of appellant. None of the prosecution witnesses deposed against
                           the appellant, the appellant was not posted as director of said company at the
                           time of commission of said crime, therefore, he is not responsible for act on
                           behalf of aforesaid company. He has already suffered jail incarceration for

                           more than a year.      In support of his contention he has placed reliance upon
                           judgment of the Hon'ble Supreme court dated             27.9.2011 in case of M/s
                           Thermax Ltd Vs. K.M. Johny and others passed in Criminal appeal No.
                           1868 of 2011 and Sharon Michael Vs. State of Tamil Nadu reported in
                           (2009) 3SCC 375.             Hence, the execution of the remaining part of the jail
                           sentence of the appellant be suspended till the final disposal of this appeal.
                                 Per contra, learned counsel for the respondent / State opposes the

Signature Not Verified Signed by: BHUNESHWAR DATT Signing time: 17-07-2023 18:23:13

application for suspension of sentence and prays for its rejection.

Considering all the facts and circumstances of the case, nature of the allegation it is revealed that two other criminal cases have been found against the present appellant. From perusal of the statement of Ramswaroop (PW-7) the appellant was director of the company at the time of incident, his statement is well supported by registration certificate of the aforesaid company (Ex.P-28) in which name of appellant Sohan is mentioned as director, memorandum of association of the aforesaid company and list of directors was proved by prosecution and exhibited as Ex.P-81. In these documents name of appellant is also mentioned as director of said company.

Therefore, in view of the evidence available on record, this court is not inclined to suspend the remaining jail sentence of appellant.

Hence IA No. 4916/2023 is hereby dismissed. Certified copy as per rules.

(ANIL VERMA) JUDGE

BDJ

Signature Not Verified Signed by: BHUNESHWAR DATT Signing time: 17-07-2023 18:23:13