Sanjay vs The State Of Madhya Pradesh
2023 Latest Caselaw 11348 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 623 of 2023
                                          (SANJAY AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 20-07-2023
                                Shri Jagdish Dangi - learned couonsel for the appellants.

                                Shri Sourabh Shukla - learned Panel Lawyer for respondent/ State.

Trial Court record has been received.

Heard on admission.

Trial Court record perused.

Prima facie, this appeal seems to be arguable. Hence, admitted for final hearing.

Heard on I.A.No.658/2023, application under Section 389(1) of Cr.P.C for suspension of jail sentence and grant of bail to the appellants pending the appeal.

2. The appellants have been convicted for commission of offence under Sections 420 read with 34 of IPC and 409 read with 34 of IPC and Section 6 of M.P. Nikshapako Ke Hito Ka Sanrakshan Adhiniyam and have been sentenced to undergo 03 years, 05 years, 03 years R.I. respectively with

fine of Rs.5000/-, Rs. 5000/- and Rs. 50,000/- for each offence with default stipulations vide judgment dated 31.12.2022 passed in Special Case No.

1800043/2016 by IIIrd Addl. Sessions Judge, Sehore District Sehore.

3. Learned counsel for the appellants has submitted that appellants have been erroneously convicted by the learned trial court. They have not committed any offence. It is further submitted that learned trial court has not properly appreciated the evidence of prosecution witnesses as it has not considered the various contradictions and omissions appeared in the evidence Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 7/21/2023 11:17:48 AM

of witnesses. It is also submitted that no evidence was adduced before the trial court that appellants are Directors of the Real Estate Company or are the promoters of Guru Sai Real Estate Company. They have not cheated and defrauded any amount from the innocent investors as no such amount has been seized from them. Only Rs. 20,000/- were seized and that money was of the appellants themselves. Therefore they have fair chance to succeed in this appeal. There is no possibility of hearing of this appeal in the near future. Therefore, it has been prayed that remaining jail sentence of the appellants may be suspended and they be released on bail.

4. On the other hand, learned counsel for the respondent/State has

opposed the prayer for grant of bail to the appellants and submitted that appellants have committed enormity of fraud and cheating with the innocent investors on promise of returning of double money after completion of period of 5 years but later on closed down their offices and as such cheated the innocent investors and embezzled, and defalcated the hard earned money deposited by the investors.

5. I have gone through the evidence of witness PW/1 who has clearly deposed that appellants are the Directors of Guru Sai Real Estate Company and there are 5 other Directors. Thus considering the availability of overwhelming evidence of Moolchand-PW/1, Dinesh Kumar Verma-PW/2, Badri Prasad Verma-PW/4, Kuldeep Singh Kushwah -PW/5- and other witnesses on record, I am of the view that no case for suspension of jail sentence at this stage is made out. Therefore, I.A.No.658/2023 an application under Section 389(1) of Cr.P.C. filed on behalf of the appellants is dismissed.

List this case for final hearing in due course.

Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 7/21/2023 11:17:48 AM

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

MISHRA

Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 7/21/2023 11:17:48 AM