Vinod Kumar Chopda vs The State Of Madhya Pradesh
2023 Latest Caselaw 18472 MP

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                                                        CRA No. 6030/2023



HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
   (SINGLE BENCH : HON. Mr. JUSTICE VIVEK RUSIA)

                       CRA No. 6030 of 2023
     (VINOD KUMAR CHOPDA V/s. STATE OF MADHYA PRADESH)
Date: 03.11.2023 :
      Shri Abhay Saraswat, learned counsel for the appellant.
      Shri Kushal Goyal, learned Dy. Advocate General for the
respondent/State.
      Heard on the question of admission.
      The appeal is admitted for final hearing.
      Also heard on I.A. No.13379/2023, which is first application
under Section 389(1) of the Code of Criminal Procedure, 1973 for
suspension of jail sentence and grant of bail filed on behalf of the
appellant.
2.    This is an appeal filed against the judgment dated 24.3.2023
passed by the Special Judge (Prevention of Corruption Act), Neemuch
in Special Case No. 300002/015 whereby the appellant has been
convicted and sentenced as under :
S.No. Offence u/s.          Sentence         Fine         In Default
                                                          of payment
                                                          of fine.
1      420 of IPC           4 years RI       20,000/-     One     year
                                                          additional
                                                          RI.
2      409 of IPC           10 years RI      20,000/-     One     year
                                                          additional
                                                          RI.
3      13(1)(d) r/w. 13(2) 4 years RI        75,000/-     Two years
       of the Prevention of                               additional
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                                                        CRA No. 6030/2023



       Corruption Act.                                    RI.


3.    Facts

of the case, in short, are as under :

From October 2006 to the year 2007 the appellant was posted as Junior engineer in Rampura Vidyut Vitaran Centra of Gramin Vidyut Sahkari Samiti Maryadit, Manasa. The allegation against the appellant is that he received the money from the farmers for 3, 5, 7, 10, 15 Horse Power temporary connections but did not issue the receipts and kept for his personal use, hence committed breach of trust. Since the appellant was posted as a public servant, therefore, that conduct comes under the category of corruption. A preliminary inquiry was conducted by the Electricity Company and a report was submitted to the Managing Director in which the appellant was found guilty and responsible for the loss and mis-appropriation to the tune of Rs.16.00 Lakhs. After completing the investigation charge-sheet was filed which the appellant denied. After appreciating the evidence came on record the learned Special Judge has convicted and sentenced the appellant as stated above. Hence, the present appeal before this Court with an application for suspension of jail sentence.

4. Learned counsel for the appellant submits that all the agriculturists have turned hostile and not supported the case of prosecution. So far as departmental witnesses viz. K.C. Kamaria and Prahlad Singh are concerned, they had a grudge against the appellant because he was senior to them and was likely to be promoted to the post of Assistant Engineer, therefore, they conspired and falsely implicated the appellant in this case. The money was collected by the appellant and it was kept in the safe in the office and before he could

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CRA No. 6030/2023

deposit the same in the bank, he was placed under suspension and later on the entire money was found in the safe and was deposited in the bank by his successor. All the receipts/bill book were seized and produced before the Court, therefore, there was no loss to the Government or misappropriation of the money by the appellant. He has wrongly been convicted u/s. 409 of the IPC and sentenced to undergo 10 years RI. The loss of revenue to the tune of Rs.35.00 Lakhs is imaginary and in support of which no document has been filed. Two criminal cases have been registered against him and in one case he has been acquitted on the ground of benefit of doubt. The incident is related to the year 2006-07 and the FIR was registered in the year 2015 and no explanation for such a long delay has been given. The appellant was on bail during trial and he never misused the liberty. He, therefore, prays that the jail sentence of the appellant be suspended and he be released on bail.

5. On the other hand, learned Dy. Advocate General opposes the prayer by submitting that in the departmental as well as police investigation it as found established that the appellant misused his position as Junior Engineer/Supervisor to cheat the farmers. He received the amount and used the same for some time and thereafter it was deposited. In some bill-books his signatures were not there. No case for suspension is made out

6. It is correct that none of the farmers have supported the case of prosecution that the appellant demanded or took money from them. The entire conviction is based on the inquiry report and evidence of two witnesses of the Electricity Company. The receipts were seized and the money was found in the safe of the office and deposited in the

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CRA No. 6030/2023

bank. All the witnesses have stated that they paid the amount to the present appellant for temporary electricity connection for which receipts were issued. Learned Special Judge has recorded the finding that the amount had been deposited but after the delay. There was temporary period of misappropriation of fund for which the appellant has been sentenced for 10 years RI /s. 406 of the IPC, which appears to be on higher side. All the receipts of Book No.40 from receipt No.1 to 210 were recovered. If the amount was not immediately deposited in the bank, that could be a case of negligence in discharging the duties. In my considered opinion, without commenting on merit at this stage the jail sentence of the appellant deserved to be suspended. In view of the above, I.A. No.13379/2023 is allowed and it stands closed.

7. The execution of remaining part of the jail sentence of appellant

- Vinod Kumar Chopda is hereby suspended and it is ordered that he be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court and subject to depositing the fine amount, if not already deposited, with a further direction to appear and mark his presence before the Registry of this Court on 21.12.2023 and also on such other dates as may be fixed by the Registry of this Court in this regard during pendency of the appeal.

List the appeal for final hearing in due course. C.C. as per rules.

( VIVEK RUSIA ) JUDGE Alok/-

Digitally signed by ALOK GARGAV Date: 2023.11.06 14:41:00 +05'30'