Ramlakhan Singh Gurjar vs The State Of Madhya Pradesh
2023 Latest Caselaw 7358 MP

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  IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                          CRA-3367-2023
           (RAMLAKHAN Vs . STATE OF MADHYA PRADESH)

DATED:- 04-05-2023

      Shri Yash Sharma- Advocate for the appellant.
      Ms.     Padamshri    Agarwal-     Panel    Lawyer   for   the
respondent/State.

Heard on the question of admission.

Appeal seems to be arguable, hence, it is admitted for final hearing.

Learned Panel Lawyer for the respondent/State accepts notice on behalf of the respondent/State.

Let record of the trial Court be called for. I.A. No.7806/2023, an application for correction in father's name of appellant is taken up, considered and allowed for the reasons mentioned therein.

Let necessary correction be carried out. Also heard on I.A. No.7800/2023, 1st application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of the sole appellant - Ramlakhan Singh Gurjar..

This appeal under Section 374 (2) of Cr.P.C. has been preferred against the judgment dated 01/12/2022 passed by 10 Additional Sessions Judge, District- Gwalior (M.P.) in S.T. No.1300237/2014, whereby the appellant has been convicted and

sentenced as under:-

Section Sentence Fine (Rs.) Default Stipulation

420 of IPC 3 Years RI 1,000/- 6 Months RI 467 of IPC 10 Years RI 50,000/- 6 Months RI 468 of IPC 3 Years RI 500/- 6 Months RI 471 of IPC 1 Year RI 500/- 6 Months RI 120-B of IPC 10 Years RI 3,000/- 6 Months RI Allegations against the appellant, in short, is that appellant introduced Manjeet Kaur to the complainant/victim as owner of the property and an agreement to sale to the disputed property was executed between the complainant and Manjeet Kaur. As an advance payment of Rs.3,00,000/- was paid by cheque and Rs.2,00,000 was paid in cash by the complainant to Manjeet Kaur. Thereafter, the complainant came to know that the lady who has executed an agreement to sale dated 06/08/2013 is not Manjeet Kaur and in fact, the original Manjeet Kaur is residing in Shivpuri. Complainant and his partner went to Shivpuri to meet original Manjeet Kaur and demanded documents from her. When she gave her documents including her voter I.D., Ration Card, Adhar Card, complainant came to know that accused persons played fraud with him. On the basis of aforesaid, crime has been registered against the accused persons. Appellant was arrested and after investigation, charge-sheet was submitted. Thereafter, trial was conducted and appellant alongwith co-accused persons was convicted for the aforesaid offences.

Learned counsel for the appellant submits that appellant is aged 43 years and he 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 a permanent resident of District- Gwalior (M.P.) and 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.

On the other hand, learned Panel Lawyer appearing on behalf of the respondent/State opposed the bail application and prayed for rejection of this application.

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.7800/2023 is allowed.

It is, therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes a cash security of Rs.25,000/- alongwith 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 4th of September, 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. In case of any default, cash security of Rs.25,000/- shall stand forfeited without giving any notice to him.

IA No.7800/2023 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/directions.

(DEEPAK KUMAR AGARWAL) JUDGE Digitally signed ojhaby YOGENDRA OJHA Date: 2023.05.04 18:46:49 +05'30'