[Cites 3, Cited by 0]
Madhya Pradesh High Court
Shantilal vs The State Of Madhya Pradesh on 7 January, 2026
IN THE HIGH COURT OF MADHYA PRADESH
ATINDORE
CRA No. 12107 of 2025
(KISHANLAL Vs THE STATE OF MADHYA PRADESH )
CRA/10340/2025, CRA/10513/2025, CRA/10573/2025, CRA/10810/2025,
CRA/10892/2025, CRA/10893/2025, CRA/10933/2025, CRA/10935/2025,
CRA/10961/2025, CRA/11134/2025
Dated: 07.01.2026
Shri Devdeep Singh - Advocate for the appellant in CRA No.12107
of 2025.
Shri Ritu Raj Bhatnagar - Advocate for the appellant in CRA
No.10340 of 2025.
Shri Tarun Kushwaha - Advocate for the appellant in CRA
No.10513 of 2025.
Shri Shyam Singh Thakur - Advocate for the appellant in CRA
No.10573 of 2025.
Shri Ritvik Mishra - Advocate for the appellant in CRA No.10810 of
2025.
Shri Harshwardhan Sharma - Advocate for the appellants in CRA
Nos.10892 of 2025, 10893 of 2025, 10933 of 2025 and 10935 of 2025.
Shri Rahul Sharma - Advocate for the appellant in CRA No. 10961
of 2025.
Shri Arpan Jain - Advocate for the appellant in CRA No.11134 of
2025.
Shri Lokendra Joshi - Advocate for the respondents in all the
Criminal Appeals.
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All the criminal appeals are heard analogously on Interlocutory
applications and decided by this common order.
2. Heard on I.A. No.17781/2025 in CRA No.12107/2025, which is
an application under Section 5 of the Limitation Act seeking
condonation of delay.
3. For the reasons stated in the application, the same is hereby
allowed and delay in filing the appeal is hereby condoned.
4. Also heard on the question of admission.
5. All the criminal appeals are admitted for hearing.
6. Also heard on I.A. No.17344/2025 in CRA No.12107 of 2025,
I.A. No.14882/2025 in CRA No.10340 of 2025, I.A. No.15068/2025 in
CRA No.10513/2025, I.A. No.15164/2025 in CRA No.10573/2025, I.A.
No.15429/2025 in CRA No.10810/2025, I.A. No.15742/2025 in CRA
No.10892/2025, I.A. No.15745/2025 in CRA No.10893/2025, I.A.
No.15744/2025 in CRA No.10933/2025, I.A. No.15743/2025 in CRA
No.10935/2025, I.A. No.15605/2025 in CRA No.10961/2025 and I.A.
No.16060/2025 in CRA No.11134/2025, which are applications for
under Section 430 of the BNSS, 2023 for suspension of sentence filed on
behalf of the appellants.
7. The trial Court vide order dated 10.10.2025 in SCN
No.300003/2015 by Special Judge (Prevention of Corruption Act),
District Ratlam arising out of Crime No.54/2012 registered at Economic
Offence Wing (EOW), Bhopal unit Indore has convicted and sentenced
the appellants which are as below:-
Sr. CRA No Name Section Imprisonment Fine Imprisonment
No details in lieu of fine
1. CRA Kishanlal 420 of IPC 2 Years Rs.1,000/- 6 Months R.I.
No.12107/2025 Rajput 467 of IPC 3 Years Rs.1,000/- 6 Months R.I.
468 of IPC 3 Years Rs.1,000/- 6 Months R.I.
471 of IPC 3 Years Rs.1,000/- 6 Months R.I.
2. CRA 420 of IPC 2 Years Rs.1,000/- 6 Months R.I.
1.Mohanlal
No.10340/2025 467 of IPC 3 Years Rs.1,000/- 6 Months R.I.
2. Onkarlal
468 of IPC 3 Years Rs.1,000/- 6 Months R.I.
3.Dashrath
471 of IPC 3 Years Rs.1,000/- 6 Months R.I.
3. CRA Virendra 420 of IPC 2 Years Rs.1,000/- 6 Months R.I.
No.10513/2025 467 of IPC 3 Years Rs.1,000/- 6 Months R.I.
468 of IPC 3 Years Rs.1,000/- 6 Months R.I.
471 of IPC 3 Years Rs.1,000/- 6 Months R.I.
4. CRA 1.Anokhilal 420 of IPC 2 Years Rs.1,000/- 6 Months R.I.
No.10573/2025 2.Dashrath 467 of IPC 3 Years Rs.1,000/- 6 Months R.I.
3. Mahesh 468 of IPC 3 Years Rs.1,000/- 6 Months R.I.
4.Madanlal 471 of IPC 3 Years Rs.1,000/- 6 Months R.I.
5. CRA Shantilal 420 of IPC 2 Years Rs.1,000/- 6 Months R.I.
No.10892/2025 467 of IPC 3 Years Rs.1,000/- 6 Months R.I.
468 of IPC 3 Years Rs.1,000/- 6 Months R.I.
471 of IPC 3 Years Rs.1,000/- 6 Months R.I.
6. CRA Harish 420 of IPC 2 Years Rs.1,000/- 6 Months R.I.
No.10893/2025 467 of IPC 3 Years Rs.1,000/- 6 Months R.I.
468 of IPC 3 Years Rs.1,000/- 6 Months R.I.
471 of IPC 3 Years Rs.1,000/- 6 Months R.I.
7. CRA Manoj 420 of IPC 2 Years Rs.1,000/- 6 Months R.I.
No.10933/2025 467 of IPC 3 Years Rs.1,000/- 6 Months R.I.
468 of IPC 3 Years Rs.1,000/- 6 Months R.I.
471 of IPC 3 Years Rs.1,000/- 6 Months R.I.
8. CRA Kachrulal 420 of IPC 2 Years Rs.1,000/- 6 Months R.I.
No.10935/2025 467 of IPC 3 Years Rs.1,000/- 6 Months R.I.
468 of IPC 3 Years Rs.1,000/- 6 Months R.I.
471 of IPC 3 Years Rs.1,000/- 6 Months R.I.
9. CRA Prembai 420 of IPC 2 Years Rs.1,000/- 6 Months R.I.
No.11134/2025 467 of IPC 3 Years Rs.1,000/- 6 Months R.I.
468 of IPC 3 Years Rs.1,000/- 6 Months R.I.
471 of IPC 3 Years Rs.1,000/- 6 Months R.I.
10. CRA Badrilal 420 of IPC 2 Years Rs.1,000/- 6 Months R.I.
No.10961/2025 Patidar 120(B) of IPC 2 Years Rs.1,000/- 6 Months R.I.
13(2)of P.C Act 2 Years Rs.1,000/- 6 Months R.I.
11. CRA Dilip 420 of IPC 2 Years Rs.1,000/- 6 Months R.I.
No.10810/2025 Kumar 120(B) of IPC 2 Years Rs.1,000/- 6 Months R.I.
Mehta 13(2)of P.C Act 2 Years Rs.1,000/- 6 Months R.I.
8. Total 41 persons were put to trial. Fourteen borrowers and two
officers have been convicted. One is absconded, eight were died during
the trial and remaining sixteen accused persons have been acquitted by
the trial Court.
9. Appellants at Sr. No.1 to 9 have been convicted and sentenced for
obtaining loan on the strength of forged documents relating to the
Bhumiswami rights of agricultural land. Appellants at Sr. No.10 and 11
namely Dilip Mehta and Badrilal were the officers of the bank who have
sanctioned the loan relying on the search report.
Submissions of appellants' counsel
10. Learned counsel appearing on behalf of appellants in appeal in Sr.
No.1 to 9 submits that they are innocent and they have falsely been
implicated in the present case. These applications for suspension of jail
sentence of the appellant are preferred on the ground that appellants
suspension have been suspended by the trial Court and they have fair
chances of success in this appeal. There is no possibility of final hearing
in near future. On these grounds, learned counsel prays for suspension
of jail sentence and grant of bail to the appellants during pendency of
this appeal. Arguments advanced on behalf of these appellants are that
they are illiterate persons and they were not aware about the
irregularities in the description of the property and they have repaid the
loan amount.
11. Learned counsel for the appellants in CRA No.10961/2025
(Badrilal) and CRA No.10810/2025 (Dilip Mehta) submits that the
appellants sanctioned the loan on the basis of search report and the
person who issued the search report and verified the affidavits have been
acquitted by the trial Court and State has not filed any appeal, therefore,
they cannot be punished for the fault of others and inaction on the part
of the State Agency.
Submission of respondent's counsel
12. Learned counsel for the respondent objected all the applications
and prays for dismissal of the same.
I have heard counsel for the parties and perused the record.
APPRECIATION AND CONCLUSION
13. The learned trial Court has classified the borrowers in three
categories: One who obtained the loan despite the fact that they have no
agricultural land and those are mentioned in para 184 to 191 of the
judgment. Second category is of the persons who have the agricultural
land, but in the application the area of the land was in excess of their
actual land and those are discussed in para 192 to 200 of the judgment.
Third category is of the borrowers whose Khasra Khata, Khatauni were
not in prescribed form and those are discussed in para 201 to 2010 of the
judgment.
14. Considering the fact that Dilip Mehta in (CRA No.10810/2025)
and Badrilal in (CRA No.10961/2025) proceeded on the search report
and affidavits issued by the co-accused persons who have been acquitted
by the trial Court, hence, they are entitled to get the benefit of
suspension of sentence. Meanwhile, the appellants/accused in CRAs No.
10935/2025, 12107/2025, 10892/2025, 10513/2025 and 10340/2025
who have obtained the loan on the basis of documents of more land
despite having less land and the appellants whose khasra khatauni bear
irregular entries are also entitled to get the benefit of suspension of
sentence.
15. In view of the facts and circumstances of the case and without
expressing any opinion of the merits of the case, I deem it proper to
suspend the remaining jail sentence of these appellants. Accordingly,
I.A. No. 17344/2025 (Kishanlal), I.A. No. 14882/2025 (Mohanlal,
Onkarlal and Dashrath), I.A. No.15068/2025 (Virendra), I.A.
No.15429/2025 (Dilip Mehta), I.A. No.15742/2025 (Shantilal), I.A.
No.15743/2025 (Kachrulal) and I.A. No.15605/2025 (Badrilal) stand
allowed.
16. Accordingly, the execution of remaining jail sentence of
appellants Kishanlal, Mohanlal, Onkarlal, Dashrath s/o Ganpat ,
Virendra, Dilip Mehta, Shantilal, Kachrulal and Badrilal is hereby
suspended and they be released on bail upon their furnishing personal
bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) each with
separate sureties in the like amount to the satisfaction of the trial court
for their appearance before the Registry of this Court on 23.06.2026 and
on such further dates as may be fixed in this behalf by the Registry
during the pendency of this appeal. It is directed that if the appellants
whose suspension are allowed do not cooperate then their suspension shall
be recalled.
17. The case of the appellants in CRAs No. 10573/2025 (Anokhilal,
Dashrath s/o Champalal, Mahesh and Madanlal), 10893/2025 (Harish),
10933/2025 (Manoj) and 11134/2025 (Prembai), who have obtained the
loan without having any agricultural land are not entitled for giving the
benefit of suspension of sentence at present and, accordingly, I.A.
Nos.15164/2025, 15745/2025, 15744/2025 and 16060/2025 are hereby
rejected. They are directed to surrender before the Trial Court within 15
days. In case they failed to surrender, then the trial Court shall ensure
their presence by issuing warrants of arrest.
18. List these matters for final hearing in the month of second week of
March, 2026. If the final hearing is not concluded for no fault of the
appellants, then they may file fresh applications for suspension of
sentence.
19. Let a signed copy of this order be retained in Criminal Appeal
No.12107 of 2025 and photocopy of the same be kept in the record of
connected cases.
(GAJENDRA SINGH)
JUDGE
Vatan
