Mithun vs The State Of Madhya Pradesh
2023 Latest Caselaw 16177 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 6332 of 2023 (MITHUN Vs THE STATE OF MADHYA PRADESH)

Dated : 03-10-2023 Shri Anand Raghuwanshi - Advocate for the appellant.

Shri PPS Vajeeta - Public Prosecutor for the State. Heard on I.A. No.15274 of 2023, which is second application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by the sole appellant - Mithun Singh.

This Criminal Appeal assails the judgment dated 28.04.2023 passed by

Sessions Judge, District Ashoknagar (M.P.) in ST. No. 64/2021, whereby appellant has been convicted and sentenced under Sections 409 of IPC to undergo rigorous imprisonment of Five Years with maximum fine of Rs.20,000- with default stipulation.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant and erroneously relied upon Exh.P/1 to Exh.P/5 i.e. daily transaction reports while reaching to conclusion that appellant was in the possession of amount of Rs.1,38,751/- in absence of certificate prescribed by Section 65 of Indian Evidence Act, 1872 and also daily transcation report dated

07.12.2020 has demonstrated closing balance as Rs.81,751/-. However, there is no evidence presented by prosecution how this closing balance come to this amount and by what transactions have taken place prior to 07.12.2020. Further argument is that there is no ingredients to constitute the offence punishable u/S.409 of IPC against the present appellant/accused. It is further argued that there are material omissions and contradictions in the statement of the prosecution witnesses. Further argument is that the appellant has served seven Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 04-10-2023 11:16:17 AM

months of incarceration out of total awarded jail sentence of five years and he has already deposited the amount for which he was prosecuted which is evident from the evidence of prosecution witnesses. This appeal is likely to take long time to conclude. Hence, prayer is made to suspend the jail sentence and grant of bail to appellant.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties,

without commenting on merits of the case, I.A. No.15274 of 2023 is hereby allowed. Subject to depositing fine amount, if not already deposited, and on furnishing personal bond by the appellant in sum of Rs. 100,000/- (Rupees One Lakh only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. Appellant is further directed to mark his appearance before the Office of this Court o n 13.12.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

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Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 04-10-2023 11:16:17 AM