Bhagwat Singh vs The State Of Madhya Pradesh
2025 Latest Caselaw 11322 MP

Madhya Pradesh High Court

Bhagwat Singh vs The State Of Madhya Pradesh on 19 November, 2025

                                                             1                                CRA-7398-2025
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                      CRA No. 7398 of 2025

(BHAGWAT SINGH Vs THE STATE OF MADHYA PRADESH )

Dated : 19-11-2025 Shri S.K. Kashyap - Advocates for appellant.

Smt. Papiya Ghosh - Panel Lawyer for State.

Heard on the question of admission.

Appeal seems to be arguable, hence, admitted for final hearing. Also heard on I.A. No.18733 of 2025, which is first application under

Section 430(1) of the Bhartiya Nagarik Suraksha Sanhita, 2023 for suspension of sentence and grant of bail to the appellant.

This Criminal Appeal assails the judgment dated 18.07.2025 passed by the learned Third Additional Sessions Judge, Devsar, District Singrauli in Sessions Trial No.109 of 2018 whereby the present appellant has been convicted for offence punishable under Section 409/34 of the IPC and sentenced to undergo RI for 10 years and fine of Rs.3,000/- with default stipulation.

Learned counsel appearing on behalf of the present appellant has

submitted that the present appellant is innocent. He has been falsely implicated. It is submitted that the present appellant is the Assistant Branch Manager of the Union Bank of India. As per the story of the prosecution the co-accused Ramashankar Panika had filled up the memo (Article-A1) for withdrawing cash from Account No.543402010048145, however, due to an inadvertent error he mentioned Account No.543402010048945 in the memo.

2 CRA-7398-2025 It is pointed out that the digit '9' was mistakenly written in place of the digit '1' in the account number. The co-accused has duly signed the memo (Article-A1) on both the front and back sides in his own name. Had there been any ill intention or malafide on the part of the co-accused, he would have signed the memo in the name of complainant Santlal. It is further submitted that the amount was withdrawn by the bank officials after verifying the memo (Article-A1). On the date of incident, the memo was required to be checked by the cashier, but the cashier failed to properly scrutinize it. Although the evidence indicates that the memo has been checked by the appellant himself, however, there was no mensrea attributable to the appellant. The error was merely clerical and occurred due to oversight, therefore, no offence is made out against the appellant. It is further submitted

that there are material contradictions, omissions, and variations in the testimonies of the prosecution witnesses as well as inherent infirmities in the prosecution case, which render the prosecution story doubtful. It is further submitted that present appellant has a good case on merit. He has no criminal antecedents. The appellant has been in continuous custody since the date of judgment i.e. 18.07.2025. The final disposal of this appeal will take considerable time. The appellant is ready to comply with the conditions as may be imposed by the Court. Therefore, it is prayed that the remaining jail sentence of present appellant may be suspended and he may be released on bail.

Per contra, learned counsel for State has vehemently opposed the prayer made by learned counsel for the appellant and prayed for rejection of

3 CRA-7398-2025 application.

Heard the learned counsels for the rival parties and perused the record.

Having heard the rival contentions of learned counsel for the parties, perused the record and keeping in view the attending facts and circumstances of case, but without expressing any opinion on the merits of the case,, I.A. No.18733 of 2025 is allowed.

It is directed that subject to depositing the fine amount, if not already deposited, and on furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the present appellant shall remain suspended and he be released on bail. The present appellant is further directed to mark his appearance before the concerned trial Court on 16.02.2026 and on subsequent dates as may be fixed by the trial Court in this regard.

List the case for final hearing in due course.

Certified copy as per rules.

(RAJENDRA KUMAR VANI) JUDGE

THK