Rupesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 3730 MP

                                                   1
                             IN THE HIGH COURT OF MADHYA PRADESH
                                           AT INDORE
                                            CRA No. 338 of 2023
                                      (RUPESH Vs THE STATE OF MADHYA PRADESH)

              Dated : 02-03-2023
                      Shri Nilesh Manore - Advocate for the appellant.

                      Shri Rahul Solanki - GA for respondent/State.

Heard on IA No.228 of 2023, which is an application under Section 389(1) of Cr.P.C. on behalf of the appellant-Rupesh for grant of bail and suspension of remaining jail sentence.

Appellant has been convicted for the offence under Section 409 and

409/120-B(1) of IPC and sentenced to 7 years R.I. with fine of Rs.5,000/- and 7 years R.I. with fine of Rs.5,000/-, with usual default stipulation.

Learned counsel for the appellant contended that the appellant is innocent and he has been falsely implicated in the aforesaid offence. He was working on the post of Chief Executive Officer in Janpad Panchayat Khategaon. Appellant has not been confronted with the adverse circumstances/evidence by the trial Court during the course of his examination under Section 313 of Cr.P.C. Appellant was exonerated from the DE vide order dated 29.9.2021 passed by the Commissioner, Ujjain. There is no evidence available on record

that appellant has withdrawn the amount in question. Appellant himself has deposited a sum of Rs.7.50 Lakhs. Prosecution has failed to prove the cash book, alleged Cheques and other documents for the aforesaid transaction. All these important documents were not exhibited during the examination of the prosecution witnesses. Appellant was remained on bail during trial. Hence he Signature Notprays Verifiedfor grant of bail and suspension of remaining jail sentence of the Signed by: TRILOK SINGH SAVNER appellant. Counsel for the appellant has also placed reliance upon the judgment Signing time: 03-Mar-23 10:40:34 AM

of the Hon'ble Supreme Court in the case of Kalicharan and others Vs. State of U.P. reported in 2022 SCC OnLine 1718.

Per contra, learned GA for the respondent/State opposes the application for suspension of sentence and prays for its rejection.

After considering the facts and circumstances of the case, submissions made by learned counsel for both the parties, nature and gravity of the allegation against the appellant and also taking note of the fact that appellant was remained on bail during the trial and he did not misuse the liberty given to him, appellant is a 46 years old government servant, jail sentence of co-appellant Nathuram Ahirwar has been suspended vide order dated 3.2.2023 passed in CRA

No.12388/2022 in the similar circumstances and that final conclusion of this appeal will take a long sufficient time, I deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, IA No.228 of 2023 is allowed and the execution of remaining jail sentence of the appellant-Rupesh is hereby suspended till the final disposal of this appeal and it is ordered that the appellant be released on bail on his depositing the fine amount, if not already deposited, and upon furnishing a personal bond for a sum of Rs.75,000/- with one solvent surety of the like amount to the satisfaction of the trial Court, with a further direction to appear before the Registry of this Court on 4.5.2023 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

List the appeal after receipt of record for admission. C.C. as per rules.

Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 03-Mar-23 10:40:34 AM

(ANIL VERMA) JUDGE trilok

Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 03-Mar-23 10:40:34 AM