Girvar vs The State Of Madhya Pradesh
2023 Latest Caselaw 3747 MP

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                                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                                      AT INDORE
                                                                        CRA No. 1047 of 2023
                                                                  (GIRVAR Vs THE STATE OF MADHYA PRADESH)

                                            Dated : 02-03-2023
                                                  Shri Gajendra Singh Dodia, learned counsel for the appellant.

                                                  Shri Viraj Godha, learned PL for the respondent/State.

Heard on admission.

Appeal is admitted for final hearing.

Also heard on IA No.849/2023 which is first application under Section

389 Cr.P.C. for suspension of sentence of jail sentence of appellant Girwar.

Appellant has been convicted u/S. 120B, 420 & 471 r/w 467 of IPC and sentenced to undergo RI for 3 years, 3 years & 7 years with fine of Rs.5000/- under each sections with default stipulation by learned Additional District & Sessions Judge, Khachrod, Dist. Ujjain in ST No.100532/2014 on 24.12.2022.

Prosecution case is that tractor agency and other agencies loan has been obtained from the bank by showing wrong Khasra copy and excessive amount of land has been obtained by the appellant.

Counsel for the appellant submits that as per the statement of I.O. Ashok

Chourasia PW-12, the appellant is an illiterate person and only puts thumb impression. It is further stated that there is no evidence to suggest that any document was forged by the appellant. The appellant was on bail during trial.

Counsel for the State supports the order of conviction and sentence. After hearing learned counsel for the parties and taking into consideration

Signature Not VerifiedDigitally signed by the statement of IO Ashok Chourasia PW-12 considered in para-66 of the SAN SOUMYA RANJAN DALAI Date: 2023.03.02 17:10:09 IST judgment by the trial Court and the fact that the appellant is about 80 years old and he was on bail during trial and did not misuse the liberty, the IA No

849/2023 is allowed.

The substantive jail sentence of the appellant is suspended upon depositing the fine amount, if not already deposited, and on furnishing a bail bond of Rs.50,000/- with a surety in the like amount to the satisfaction of the trial court for appearance before the Registry of this Court on 28.08.2023 and on the subsequent dates as may be fixed in this behalf by the Registry.

C.c as per rules.

(VIJAY KUMAR SHUKLA) JUDGE

soumya

Signature Not Verified VerifiedDigitally Digitally signed by SAN SOUMYA RANJAN DALAI Date: 2023.03.02 17:10:09 IST