Tulsiram Panwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 9095 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 11919 of 2022
                                        (TULSIRAM PANWAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                                                CRA/12393/2022
                           Dated : 19-06-2023
                                 Ms.     Smita    Varma     -    Advocate      for   the   appellant   No.1   in

                           Cr.A.No.11919/2022
                                 Shri Satyam Agrawal - Advocate for the appellant No.2 in
                           Cr.A.No.11919/2022
                                 Shri    Vipin    Mishra    -     Advocate for the appellant           No.3   in

                           Cr.A.No.11919/2022.
                                 Ms.     Anita    Kaithwas - Advocate for the appellant No.4 in
                           Cr.A.No.11919/2022.
                                 Shri     Vikas    Mahawar            -   Advocate   for   the   appellant    in
                           Cr.A.No.12393/2022.

                                 Heard on I.A.Nos.23966/2022 and 24666/2022, applications 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 Section 420, 468 and 471 of IPC and have been sentenced to undergo 5,
                           3 years and 2 years R.I. respectively with fine of Rs.5000/-, Rs.3000, and
                           Rs.2000/- respectively with default stipulations vide judgment dated 09.12.2022
                           passed in S.T.No.24/2018 (State of M.P. Vs. Tulsiram Panwar and Others) by

                           IInd Addl. Sessions Judge, Nasrullaganj, District Sehore.
                                 3.       Learned counsel for the appellants have submitted that appellants
                           have been erroneously convicted by the learned ASJ. They have not committed
Signature Not Verified
Signed by: JASLEEN SINGH
SALUJA
Signing time: 6/20/2023
10:59:23 AM
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                           any offence. It is further submitted that learned trial court has not properly
                           appreciated the evidence on record as it has not taken into consideration
                           various contradictions and omissions appeared in the evidence of witnesses. It
                           is further submitted that main accused is the clerk of the department who has
                           issued forged orders.      Appellants are innocent persons as they had no
                           knowledge that release orders which have been issued in their favour are forged
                           or fabricated. They have fair chance to succeed in appeal. They have already
                           suffered more than six months in the prison. There is no possibility of hearing
                           of this appeal in the near future. Therefore, it has been prayed that appellants'
                           remaining jail sentence may be suspended and they be released on bail.

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

opposed the prayer for grant of bail to the appellants.

5 . Having considered the submissions made by learned counsle for the appellant, detention period and the fact that there is no possibility of hearing of this appeal in the near future, I am of the view that a case for suspension of jail sentence is made out and appellants may be released on bail. Consequently, I.A.Nos.23966/2022 and 24666/2022 are allowed.

6. The execution of jail sentence of appellants Tulsiram Panwar, Radheshyam Yadav, Bhura @ Ramniwas, Mukesh Verma and Pradeep Sendhav is hereby suspended subject to depositing the fine amount, if not already deposited. It is directed that the appellants be released on bail on their furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand only) each with one solvent surety of the like amount each to the satisfaction of the trial Court with a further direction to appear before the trial Court on 23.08.2023 and also on such other dates, as may be fixed by it in this regard during the pendency of this appeal. Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 6/20/2023 10:59:23 AM

List this case for final hearing in due course. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

Jasleen

Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 6/20/2023 10:59:23 AM