Ramsingh Thakur vs State Of M.P.
2023 Latest Caselaw 8868 MP

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                          CRR No. 1995 of 2023
                                                     (RAMSINGH THAKUR Vs STATE OF M.P.)

                           Dated : 15-06-2023
                                 Shri Manish Datt - Senior Advocate - with Shri Satyam Rai - Advocate

                           for the petitioner.
                                 Smt. Ekta Gupta - Panel Lawyer for the respondent/State.

Record of the Court below is available.

Heard on the question of admission.

This revision being arguable, is admitted. Also heard on I.A No.10181/2023, which is first application under Section 397/401 of Cr.P.C for suspension of sentence and grant of bail, moved on behalf of the petitioner.

In reference to the judgment dated 03.05.2023 passed in Cr.A. No.01/2018, the petitioner has been convicted for offence under Section 420 of IPC and sentenced to undergo R.I. for 1 year with fine of Rs.2,000/-, Section 467 of IPC and sentenced to undergo R.I. for 3 years with fine of Rs.2,000/-, Section 468 of IPC and sentenced to undergo R.I. for 1 year with fine of

Rs.2,000/- and Section 409 of IPC and sentenced to undergo R.I. for 3 years with fine of Rs.4,000/-, with default stipulations.

Learned senior counsel for the petitioner submits that the petitioner is in custody since 03.05.2023. He submits no case is made-out against the petitioner inasmuch as prosecution failed to prove its case beyond reasonable doubt. The petitioner was on bail during the course of trial. There is no legal, cogent and germane evidence against the petitioner to establish necessary elements of alleged offence. Therefore, jail sentence of the petitioner may be suspended and Signature Not Verified Signed by: PRACHI PANDEY Signing time: 6/19/2023 7:02:28 PM

bail may be granted.

Learned Panel Lawyer for the State opposes the application stating that the finding of conviction is based on fair appreciation of evidence and appropriate sentence has been awarded to the petitioner.

I have heard learned counsel for the parties and perused the record. In this case, the petitioner has been held guilty of embezzlement, cheating and forgery. The petitioner has not denied the fact that he was the second officer in the Regional Gramin Bank, Karanjia. There has been evidence on record that the petitioner was looking-after the task of receipt and withdrawal of money from the accounts of customers. Prosecution has been able to prove, on

the basis of evidence, that amount was withdrawn even from the bank account of deceased customer. The withdrawal forms used for cheating the amount were not signed by the concerned authority and still the money was withdrawn by the petitioner.

Looking to the nature of offence and number and status of aggrieved persons, this Court is of the opinion that the petitioner is not entitled for suspension of sentence and grant of bail.

Accordingly, I.A. No.10181/2023 is rejected. List for final hearing in due course.

(ANURADHA SHUKLA) JUDGE Prachi

Signature Not Verified Signed by: PRACHI PANDEY Signing time: 6/19/2023 7:02:28 PM