Rajendra Prasad Pandey vs The State Of Madhya Pradesh
2023 Latest Caselaw 5264 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRA No. 10988 of 2022
                                        (RAJENDRA PRASAD PANDEY Vs THE STATE OF MADHYA PRADESH)

                          Dated : 29-03-2023
                                Shri Prakash Upadhyay-Advocate for the appellant.

                                Shri S.K. Gupta-Panel Lawyer for the respondent/State.

Trial Court record has been received.

Heard on admission.

Primafacie, this appeal seems to be arguable. Hence, admitted for final

hearing.

Also Heard on I.A.No.22467/2022, an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail, pending the appeal.

Appellant has been convicted for commission of offence under Section 420 of IPC and has been sentenced to 5 years RI and fine of Rs. 25,000/- with default stipulation vide judgment dated 22.11.2022 passed in ST. No 125/2017 (State of M.P. Vs. Rajendra Prasad Pandey) by learned Additional Session Judge, Baihar, District-Balaghat.

Learned counsel for the appellant has submitted that learned trial Court

has erroneously convicted the appellant as it has not properly considered the oral and documentary evidence available on the record. Appellant was appointed as C.E.O. SADA whereas learned trial Court without any evidence on record has discussed the evidence in the light of the pay scale fixed for head clerk. In Para-24 of the judgment, it has been mentioned that appellant was appointed on adhoc basis. He has fair chances to succeed in the appeal. In the course of trial he was on bail. He has not misused the liberty granted to him by way of bail. Appellant is 70 years old man. He has already suffered Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 3/29/2023 6:47:32 PM

incarceration of more than four months. Therefore, it has been prayed that appellant be released on bail.

On the other hand, learned counsel for the respondent/State has opposed the prayer for grant of bail.

Appellant is in jail for the last more than four months. I have gone through the evidence of witnesses, material on record and findings recorded by the learned trial Court. There is no possibility of hearing of this appeal in near future. Therefore, having taken into consideration material on record, I am of the view that it is a case in which appellant may be released on bail.

Accordingly, aforesaid I.A.No.22467/2022 is allowed. The execution

of jail sentence of appellant-Rajendra Prasad Pandey is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand only) 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 o n 13.07.2023 and also on such other dates, as may be fixed by the Registry in this regard during the pendency of this appeal.

List the case for final hearing in due course as per listing policy. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

kundan

Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 3/29/2023 6:47:32 PM