Mohan Singh Rathore vs The State Of Madhya Pradesh
2023 Latest Caselaw 4337 MP

                                                                1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                         CRA No. 6680 of 2022
                                            (KRITYANJAYNATH PATEL Vs THE STATE OF MADHYA PRADESH)

                                             CRA/06683/2022, CRA/06962/2022, CRA/07249/2022
                           Dated : 20-03-2023
                                  Shri Manish Datt - Senior Advocate with Shri Siddharth Bendel -

                           Advocate for the appellants in Cr.A.No.6680/2022 and 6962/2022.
                                  Shri      Somesh    Shukla     -    Advocate     for    the    appellant   in
                           Cr.A.No.6683/2022.
                                  Shri Ram Sharan Rathore - Advocate for the appellant in

                           Cr.A.no.7249/2022.
                                  Shri Manoj Kushwah - Panel Lawyer for the respondent/State.

Trial Court record has been received.

Heard on admission.

Trial Court record perused.

Prima-facie, these appeals seems to be arguable. Hence, admitted for final hearing.

As prayed by learned counsel for the appellant, I.A.No.22131/2022 is dismissed as withdrawn.

Heard on I.A.Nos.14612/2022, 14618/2022, 15287/2022 and 17916/2022. Appellants - Bhupendra Kumar Patel and Prem Singh Kanwar have been convicted for commission of offence under Section 467/34 (two counts) read with Section 120-B of IPC and has been sentenced to undergo 10-10 years RI and fine of Rs.10,000-10,000/- with default stipulations. They have been convicted under Section 468/34 (two counts) read with Section 120-B of IPC and have been sentenced to undergo 05-05 years RI and fine of Rs.5,000/- Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 3/21/2023 11:11:09 AM

5,000/- with default stipulation, under Section 409/34 (two counts) read with Section 120-B of IPC and have been sentenced to undergo 10-10 years RI and fine of Rs.10,000/-10,000/- with default stipulations, under Section 420/34 read with Section 120-B of IPC and have been sentenced to undergo 5-5 years RI and fine of Rs.5000/-5000/- with default stipulations and under Section 471/34 read with Section 120-B of IPC and have been sentenced to undergo 2-2 years RI and fine of Rs.2000/-2000/- with default stipulations.

Appellants Mohan Singh Rathore and Krityanjaynath Patel have been convicted under Section 467/34 (two counts) read with Section 120-B of IPC and have been sentenced to undergo 10-10 years RI and fine of Rs.10,000/-

10,000/- with default stipulation, under Section 468/34(two counts) read with Section 120-B of IPC and have been sentenced to undergo 5-5 years and fine of Rs.5000/-5000/- with default stipulations, under Section 420/34 read with Section 120-B of IPC and have been sentenced to undergo 5-5 years RI and fine of Rs.5000-5000/- with default stipulation and under Section 471 read with Section 120-B of IPC and have been sentenced to undergo 2-2 years RI and fine of Rs.2000-2000/- with default stipulations, vide judgment dated 26.07.2022, passed in S.T.No.22/2017 (State of M.P Vs. Bhupendra Kumar

Patel and Others) by 2nd ASJ, Annupur.

Learned counsel for the appellants have submitted that appellants have been erroneously convicted by learned trial Court. Learned counsel has taken me towards para 41 and 42 of evidence of Birasa Bai (PW1), wherein she has admitted her signature on Exhibit P/19 and Exhibit P/20 cheques. Referring the above evidence, it is submitted that learned trial Court has not considered the admission made by the prosecutrix that cheques were duly issued under the signature of the Sarpanch and Sachiv and money was legally withdrawn on the Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 3/21/2023 11:11:09 AM

basis of those cheques. Learned trial Court was not justified to infer that any embezzlement of money has been committed or any document has been forged with an intention to do any fraudulent act for dishonestly receiving the money. Appellants are in jail almost for a period of 8 months. Therefore, it has been prayed appellants be released on bail.

On the other hand, learned Panel Lawyer for the State has opposed grant of bail to the appellants.

Having gone through the evidence of Birasa Bai (PW1), in para 44 of her cross-examination, admitting her signatures on Ex. P/19 and P/20 cheques, though according to R.P.Rathore (PW17) the signature of Birasa Bai on Ex.P/19 and Ex.P/20 are forged. Signatures are forged or not has to be considered and weighed along with the admission made by Birasa Bai (PW1). There are no possibilities of hearing of this appeal in the near future. Therefore, having taken into consideration PW1's admission and other material on record, I am of the view that it is a case in which appellants/accused may be released on bail pending the appeal.

Consequently, I.A.Nos. I.A.Nos.14612/2022, 14618/2022, 15287/2022 and 17916/2022 are allowed. The execution of jail sentence of appellants - Bhupendra Kumar Patel, Prem Singh Kanwar, Mohan Singh Rathore and Krityanjaynath Patel 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 each of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court on 18.07.2023 and also on such other dates, as may be

Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 3/21/2023 11:11:09 AM

fixed by that Court in this regard during the pendency of this appeal.

List 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: 3/21/2023 11:11:09 AM