Madhya Pradesh High Court
Rajendra Yadav vs The State Of Madhya Pradesh on 16 March, 2023
Author: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA-1424-2023
(RAJENDRA YADAV Vs . STATE OF MADHYA PRADESH)
DATED:- 16-03-2023
Shri D.R. Sharma- Advocate for the appellant.
Shri Nitin Goyal - Panel Lawyer for the respondent/State.
Heard on IA. No.2830/2023, 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- Rajendra Yadav.
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, present appellant- Rajendra, the employee
in charge of the organization, 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,
appellant- 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 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, I.A. No.2830/2023 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.
I.A. No.2830/2023 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)
JUDGE
RAHULrahul
SINGH
Digitally signed by RAHUL SINGH PARIHAR
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=eac942476567cd1b39b3da46068403462fdf82ab676d0cde4d
PARIHAR
ee473fe77953f5,
pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487,
serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB9D
159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR
Date: 2023.03.17 13:13:57 +05'30'
