S.C. Dekate vs State Economic Offence Wing (Eow)
2023 Latest Caselaw 15831 MP

                                                                 1

                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT GWALIOR
                                         CRIMINAL APPEAL No.6648 of 2021
                                           (S.C. DEKATE Vs. STATE ECONOMIC OFFENCE WING)

                           DATED : 25-09-2023
                                Shri Krishna Kartikey Sharma - Advocate for appellant.
                                Shri N.K. Gupta - Advocate for respondent/EOW.

This appeal is listed for consideration of I.A. No.17237/2023, which is an application seeking exemption from depositing the fine amount.

2. Appellant's first application filed under Section 389(1) of Cr.P.C was allowed vide order dated 6/9/2023 and his jail sentence was suspended with a condition to deposit fine amount imposed upon him.

3. The Trial Court has convicted the appellant under Section 420 r/w 120-B of IPC and Section 13 (1) (c) read with Section 13 (2) of the Prevention of Corruption Act vide judgment of conviction and order of sentence dated 21/9/2021 passed by Special Judge, Prevention of Corruption Act, Morena in Case No. Special Sessions Case No.-12/2012 EOW and sentenced him as under:-

                           Conviction                Sentence
                           Section       Act         Imprisonment Fine                     Imprisonmen
                                                                                           t in lieu of
                                                                                           fine
                           420 r/w 120- IPC          Four years RI       Rs.1,00,000/-      One year RI
                           B
                           13 (1) (c) r/w PC, Act    Four years RI       Rs.2,00,000/-      2 Years RI
                           13 (2)

4. Prosecution case in brief is that during the years 1990-91 to 1993-

Signature Not Verified Signed by: ARUN KUMAR MISHRA Signing time: 25-09-2023 05:14:58 PM

94 appellant being the Assistant Director of MP Hathkargha, Morena in connivance with co-accused persons, got sanctioned an amount of Rs.4,17,820/- for carrying out different projects in Shama Bunkar Sahkari Samiti Maryadit Khaneta, District Morena, whereafter on the basis of forged and fabricated bills, withdrew and misappropriated huge amount.

5. Learned counsel for the appellant submits that vide order dated 6/9/2023 appellant's remaining jail sentence was suspended, but appellant was unable to deposit the fine amount imposed upon him, therefore, he could not be released and he is in custody since the date of judgment i.e.21/9/2021 and as he has suffered about 2 years' jail incarceration, therefore, considering the period of custody undergone by the appellant, his fine sentence be also suspended and he be enlarged on bail.

6. Learned counsel for the State opposed the prayer.

7. Having considered the rival submissions, period of custody suffered by the appellant, so also the fact that vide order dated 6/9/2023 appellant's jail sentence has already been suspended, it is directed that fine sentence of Rs.1,00,000/- and Rs.2,00,000/- be suspended and subject to furnishing personal bond in the sum of Rs.3,00,000/- (Rupees Three Lacs only) along with a solvent surety in the like amount to the satisfaction of the Trial Court, appellant be released on bail. 7.1 Rest part of the order dated 6/9/2023 will remain the same. 7.2 I.A. No.17237/2023 stands disposed of. 7.3 C.C. as per rules.

(SATYENDRA KUMAR SINGH) JUDGE Arun*

Signature Not Verified Signed by: ARUN KUMAR MISHRA Signing time: 25-09-2023 05:14:58 PM