Madhya Pradesh High Court
N K Nagaich vs The State Of Madhya Pradesh on 1 September, 2023
Author: Satyendra Kumar Singh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRIMINAL APPEAL No.9162 of 2023
(N.K. NAGAICH Vs. STATE OF MADHYA PRADESH)
DATED : 1-09-2023
Shri D.K. Agrawal - Advocate for appellant.
Shri Rajeev Upadhyay - Public Prosecutor for respondent/State.
Heard on the question of admission.
2. The appeal being arguable, is admitted for final hearing.
3. Also heard on I.A.No.13903/2023, which is first application for
suspension of sentence and grant of bail moved on behalf of appellant.
4. The Trial Court has convicted the appellant under Sections
409/120-B of IPC and Section 13 (1) (d) read with Section 13 (2) of the
Prevention of Corruption Act vide judgment of conviction and order of
sentence dated 27/6/2023 passed by Special Judge, Prevention of
Corruption Act, Morena in Case No. Special SC No.-2900050/2016 and
sentenced him as under:-
Conviction Sentence
Section Act Imprisonment Fine Imprisonment
in lieu of fine
409/120-B IPC Five years RI Rs.30,000/- One year RI
13 (1) (d) r/w PC, Act Five years RI Rs.30,000/- One Year RI
13 (2)
5. Prosecution case in brief is that in the year 1995-1996 appellant
being the Mandal Sanyojak of the Sanstha, which runs Ashaskiya
Highschool, Tilonjari, in connivance with the President, Secretary, the
then Principal of the Sanstha, Vikaskhand Siksha Adhikari, Kailaras and
other co-accused persons illegally got sanctioned scholarship amount of
Rs.1,45,000/- by mentioning forged and fabricated names of the
students in the scholarship list of Ashaskiya Highschool, Tlonjari and
on the basis of forged and fabricated list, withdrew and misappropriated
a huge amount.
6. Learned counsel for the appellant submits that appellant being the
Mandal Sanyojak of the Sanstha was not directly involved in the
administration and functioning of the school. He has been implicated in
the matter only because he was the Mandal Sanyojak of the Sanstha,
which runs the school. Material prosecution witnesses have turned
hostile and there is nothing to suggest that appellant was involved in the
crime. Appellant is an old aged person aged about 57 years. He was
enlarged on bail during trial and did not misuse the liberty granted to
him. There is no likelihood of hearing of this appeal in near future.
Therefore, his remaining jail sentence be suspended and he be enlarged
on bail.
7. Learned counsel for the respondent/State has opposed the prayer
and submits that appellant on the basis of forged and fabricated list of
students, withdrew and misappropriated huge amount of scholarship.
Prosecution has proved its case beyond reasonable doubt. Learned Trial
Court has not committed any error in convicting the appellant for the
offences mentioned above. In view of the aforesaid, the appellant is not
entitled to be released on bail.
8. Heard learned counsel for both the parties and perused the record.
9. Having considered the rival submissions, nature of allegations
alleged against the appellant, so also his age and the fact that there is no
likelihood of hearing of this appeal in near future, without expressing
any opinion on merits of the case, the application is allowed and the
remaining jail sentence of the appellant is suspended.
9.1 It is directed that subject to depositing the fine amount, if already
not deposited, appellant shall be released on bail on furnishing personal
bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along
with separate solvent surety in the like amount to the satisfaction of
Trial Court, for his appearance before the Registry of this Court firstly
on 9/10/2023, and on such other dates, as may be fixed by the Registry
in this regard, till final disposal of this appeal.
9.2 I.A. is allowed.
C.C. as per rules.
(SATYENDRA KUMAR SINGH)
JUDGE
Arun*
ARUN KUMAR MISHRA
2023.09.01 17:58:05 +05'30'
