Madhya Pradesh High Court
Dilip Singh Chouhan vs The State Of Madhya Pradesh on 8 September, 2023
Author: Achal Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 4086 of 2022
(DILIP SINGH CHOUHAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 08-09-2023
Shri Manish Kumar Tiwari - Advocate for the appellants.
Ms. Shanti Tiwari- Panel Lawyer for the respondent/State.
Heard on I.A. No. 19747/2023, an application under Section 389(1) of
the Cr.P.C. for suspension of remaining jail sentence and grant of bail to
appellants arising out of judgment dated 22.04.2022 delivered in S.T.
No.81/2010 by learned Sessions Judge, Umariya, District-Umariya.
T he appellants have been convicted under Section 467/34 of IPC and
sentenced to undergo R.I. for 2 years with fine of Rs.2000/-, Section 468/34 of
IPC and sentenced to undergo R.I. for 3 years with fine of Rs.1000/- and
Section 471 of IPC and sentenced to undergo R.I. for 5 years with fine of Rs.
2000/- with default stipulations.
Learned counsel for the appellants submits that there are no original
signature on the documents recovered in the case and only scanned signatures
are available thereon. No original document has been recovered in the case, only
photocopies have been recovered. Therefore, learned counsel for the appellants
relying upon the judgment dated 27.06.2022 passed in Cr.A. No.23/2015
(Ashok Kumar Goenka Vs. The State of M.P.) by the Co-ordinate Bench of
this Court submits that no offence under Section 467/34, 468/34, 471 of IPC is
made out. It is also submitted that in connected cases accused persons have
been acquitted, therefore, also no offence under Section 471 of IPC is made
out. No documents have been recovered from appellants and there is no report
of handwriting expert. It is also submitted by learned counsel for the appellants
Signature Not Verified
Signed by: KUNDAN
SHARMA
Signing time: 9/9/2023
11:54:25 AM
that SLP (Crl.) No. 5447/2023 was filed before the Hon'ble Apex Court against
the order dated 07.02.2023 passed by this Court and Hon'ble Apex Court
dismissed the said SLP but petitioners were granted liberty to apply afresh for
suspension of sentence after three months, therefore, this application has been
filed. Appellants have been sentenced to R.I. for 5 years and they have
completed approximately 20 months out of the jail sentence In this connection,
learned counsel for the appellants has also relied upon the judgments of Hon'ble
Apex Court passed in (M. Mammutti Vs. State of Karnataka, (1979) 4 SCC
723, Cr.A. No.603/2022 (Jeetu Khatik Vs. State of Chhattisgarh), S.L.P.
(Crl.) No.875/2022 (Jeetu Khatik Vs. State of Chhattisgarh), Bhagwan
Rama Shinde Gosai and others Vs. State of Gujarat, (1999) 4 SCC 421,
Kamal Vs. State of Haryana, (2004) 13 SCC 526, Kiran Kumar Vs. State
of MP, (2001) 9 SCC 211 and N. Ramamurthy Vs. State by Cental
Bureau of Investigation ACB, Bengaluru, (2020) 1 SCC (Cri) 239 and
prayed for suspension of jail sentence of the appellants.
The prayer is opposed by learned counsel for the State.
In view of testimonies of PW-2, PW-4 and documents Ex.P/1 to P/5 and
appellants examination under Section 313 of Cr.P.C. including nature of
evidence available on record against the appellants and looking to the nature of
offence, this Court thinks it not proper to suspend the jail sentence of the
appellants. Consequently, I.A. No.19747/2023 is dismissed.
List the case for final hearing in due course.
C. c. as per rules.
(ACHAL KUMAR PALIWAL)
JUDGE
Signature Not Verified
Signed by: KUNDAN
SHARMA
Signing time: 9/9/2023
11:54:25 AM
kundan
Signature Not Verified
Signed by: KUNDAN
SHARMA
Signing time: 9/9/2023
11:54:25 AM
