Lalit Pardhi vs The State Of Madhya Pradesh
2023 Latest Caselaw 14962 MP

                                                                 1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                       CRA No. 12135 of 2022
                                          (LALIT PARDHI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 11-09-2023
                                Shri Manish Datt - Senior Advocate with Shri Siddharth Bendel - for

                          the appellant.
                                Ms. Seema Pandey - Panel Lawyer for the respondent/State.

Heard on admission.

Appeal is admitted for final hearing.

Also, heard on I.A.No.24298 of 2022, an application under Section 389(1) of the Cr.P.C. for suspension sentence and grant of bail to appellant arising out of judgment dated 13.12.2022 delivered in S.T.No.41/2014 by First Additional Sessions Judge, Dindori, District-Dindori.

The appellant has been convicted under Section 420 read with section 34 of the IPC and sentenced to undergo R.I. for 5 years with fine of Rs.5,000/-, under Section 468 read with section 34 of the IPC and sentenced to undergo R.I. for 5 years with fine of Rs.5,000/-, under Section 469 read with section 34 of the IPC and sentenced to undergo R.I. for 2 years with fine of Rs.2,000/-

,each with default stipulations. (Substantive sentences to run concurrently).

Learned Senior counsel for the appellant submits that there is no legal evidence to connect appellants with the alleged offence. Board of Higher Secondary Education Bhopal conducted enquiry and submitted report (Ex.P/42) in which no irregularity was found. From evidence on record, it is not established at all that appellants have substituted pages of answer-sheets or interpolated anything therein. After examination, answer-sheets were immediately sealed and thereafter, they were kept in sealed strong room and slip Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 9/11/2023 7:11:47 PM

was pasted on strong room containing signature of two persons including appellant. Single person, including appellant, cannot open strong room.

Learned Senior counsel for the appellants has relying upon 1980 (1) SCC 704 (Murari Lal Vs. State of Madhya Pradesh) submits that only on the basis of report of handwriting expert no conviction can be made. The final hearing of this appeal is not possible in near future, therefore, it has been prayed that remaining jail sentence of appellant may be suspended and he be released on bail.

Learned Panel Lawyer for the State, on the other hand, has opposed the application.

Taking into consideration the testimonies of prosecution witnesses including documentary evidence on record, coupled with the fact that hearing of this appeal is not possible in near future, I deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, aforesaid I.A. is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of appellants are hereby suspended and it is directed that the appellants Lalit Pardhi and Dipti Pardhi be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees thirty thousand only) each with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the concerning trial Court, on 21.11.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

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

(ACHAL KUMAR PALIWAL) Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 9/11/2023 7:11:47 PM

JUDGE

Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 9/11/2023 7:11:47 PM