Pradeep Gurjar vs The State Of Madhya Pradesh
2023 Latest Caselaw 4184 MP

                                      1

       IN THE HIGH COURT OF MADHYA PRADESH

                            AT GWALIOR
                             CRA-762-2023

          (PRADEEP GURJAR Vs . STATE OF MADHYA PRADESH)

DATED:- 16-03-2023

      Shri Rajkumar Gatwar- Advocate for the appellant.
      Shri Nitin Goyal - Panel Lawyer for the respondent/State.

Heard on IA. No.1143/2023, 1st application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of the sole appellant- Pradeep Gurjar.

This criminal appeal assails the judgment dated 26/12/2022 passed in S.T. No.91/2014 by the 1 st Additional Sessions Judge, Datia to Second Additional Sessions Judge, District- Datia (M.P.), whereby the appellant has been convicted and sentenced as under :-

Sections Sentence Fine (Rs.) Default Stipulation

409 of IPC 7 Years RI Rs.5,000/- 6 Months RI Prosecution case, in short, is that there was an agreement between Cooperative Marketing and Process Committee Maryadit Bhander and Madhya Pradesh State Civil Supplies Corporation (M.P. Civil Supplies Corporation) Datia that in the year 2012-13, the Cooperative Marketing and Processing Committee will buy wheat from farmers on price and get it weighed and deliver it to the Civil Supplies Corporation, Datia. The said contract was for the year 2012-13. In the sequence of the said contract, wheat was purchased by the committee at the support price and to deliver the wheat to the Civil Supplies Corporation, Uttam Singh, the manager of the organization, Rajendra, the employee in charge of the organization, present appellant- Pradeep, Co-In-charge, Dilip, Computer operator, and Mehboob and Veeru Chowkidar were authorized and they

were assigned responsibilities in this regard, but due to irregularities in this regard, Cooperative Marketing and Process Committee Maryadit Bhander wrote a letter to Cooperative Extension Officer, District Panchayat Bhander for investigation in this matter on which Cooperative Extension Officer- Surendra Singh had Investigated the matter and found in the investigation that 83072.50 quintals of wheat was purchased through the committee in the year 2012-13, the wheat transport shortage was 800.27 quintals and the shortage at the purchase center was 3444.32 quintals. 78827.93 quintal wheat was deposited by the organization in Civil Supplies Corporation and 4244.57 quintal wheat was not deposited. When notices were given to all the said persons on the said shortage, Rajendra deposited the amount of 736.42 quintals of wheat, thus, the remaining shortage was 3508.15 quintals which should have been deposited in the institution. On the basis of aforesaid, crime has been registered against the accused persons.

Learned counsel for the appellant submits that the appellant has been falsely implicated in this case. The appellant has been wrongly convicted by the learned trial Court. The appellant was on bail during trial and he has not misused the liberty granted to him. The fine amount has already been deposited by him. The appellant is in jail from 26/12/2022 and he has suffered more than two months of incarceration. He is the permanent resident of District- Datia (M.P.). There are fair chances of success of this appeal. The appeal is of the year 2023 which may take long time for its conclusion and the appellant cannot be kept in custody for an unlimited period. Under these circumstances, the execution of sentence be suspended and the appellant be released on bail.

Learned counsel for the State opposed the application and prayed for its rejection.

Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not

possible, IA. No.1143/2023, is allowed.

It is, therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 19th of June, 2023 and on such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to him, shall remain suspended till further orders and he shall be released on bail.

IA. No.1143/2023 is allowed and disposed of.

A copy of this order be sent to the trial Court concerned for necessary compliance.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) Digitally signed by RAHUL SINGH PARIHAR JUDGE RAHUL SINGH rahul DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0c

PARIHAR de4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4A B9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.03.17 13:13:14 +05'30'