Amar Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 19528 MP

Madhya Pradesh High Court

Amar Singh vs The State Of Madhya Pradesh on 22 November, 2023

Author: Hirdesh

Bench: Hirdesh

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 6986 of 2022
                                               (AMAR SINGH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 22-11-2023
                                 Shri Sanjeev Tiwari - Advocate for the appellant.

                                 Shri Sourabh Riyaj - P.L. for respondent - State.

Heard on I.A. No.20387/2023 second application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to appellant (first was decided on merits on 15.03.2023) arising out of judgment dated 28.07.2022

delivered ST No. 13/2013 by Additional Special Judge, Rajendragram District Anuppur.

The appellant has been convicted under Section 409 of IPC and sentenced to undergo RI for 10 years with fine of Rs.10,000/- and under Section 467 of IPC and Sentenced to undergo RI for 10 years with fine of Rs.5,000/- and under Section 468 of IPC and sentenced to undergo RI for 7 years with fine of Rs.5,000/- and under Section 471 of IPC and sentenced to undergo RI for 2 years with fine of Rs.500/- with default stipulations.

Counsel for the appellant submits that appellant is innocent and falsely

implicated in the crime in question. No offence under Sections 409, 467, 468 and 471 of IPC has been made out. Prosecution has not proved the aforesaid offences beyond reasonable doubt. All material prosecution witnesses have turned hostile. Complainant (PW-7) could not proved the amount which is alleged to have misappropriated by the appellant. In Para -6 of PW-7 admitted that he never went to Central Bank and never gave specimen signature in Central Bank. He further submits that all amounts from the panchayat fund has

been withdrawn by the joint signature of sarpanch and Secretary in the case of Gram Panchayat. He has also referred to Section 66 of Panchayat Raj Adhiniyam to point out the process of dealing with the panchayat fund. Final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellant may be suspended.

Counsel for the State opposes the application.

After hearing the learned counsel for the parties and perusal of the record it is found that first bail application was decided on merits on 15.03.2023 there is no change circumstances after that. Therefore, looking to the finding recorded by the trial court and opinion of handwriting expert, again this is not a

fit case for suspension of sentence and grant of bail to the appellant.

Accordingly, aforesaid I.A. is dismissed.

This is an admitted appeal, list for final heairng in due course.

(HIRDESH) JUDGE

Akm