Madhya Pradesh High Court
Hira Mani Sharma vs The State Of Madhya Pradesh on 5 June, 2020
Author: Rajeev Kumar Dubey
Bench: Rajeev Kumar Dubey
1 CRA-1808-2020
The High Court Of Madhya Pradesh
CRA-1808-2020
(HIRA MANI SHARMA Vs THE STATE OF MADHYA PRADESH)
5
Jabalpur, Dated : 05-06-2020
Shri Rajendra Kumar Gupta, learned Senior Counsel for the appellants.
Shri Prakash Gupta, learned P.L. for the respondent/State.
The proceeding convened through video conferencing. Heard on the question of admission.
Appeal seems to be arguable, hence it is admitted for final hearing.
Als o heard on I.A. No.3524/2020, which is an application under Section 389(1) of Cr.P.C. for suspension of the custodial sentence passed against appellant Hira Mani Sharma.
This appeal has been preferred against the judgment dated 10/02/2020 passed by III Additional Sessions Judge, Singrauli, Head Quarter Waidhan in ST.No.103/2011, whereby learned ASJ found the appellant guilty for the offence punishable under Sections 419, 420, 467, 468, 471 and 120-B of the IPC and sentenced him to undergo R.I. for one year with fine of Rs.1,000/-, R.I. for three years with fine of Rs.1,000/-, R.I. for seven years with fine of Rs.2,000/-, R.I. for three years with fine of Rs.1,000/-, R.I. for one year with fine of Rs.1,000/- and R.I. for seven years with fine of Rs.2,000/- respectively with default clause.
As per prosecution case, co-accused Ramashanker Giri and Ramlallu Vaishy, who were Sarpanch and Secretary respectively of the Gram Panchayat Malaiya Tola in connivance with appellant Hira Mani Sharma and other co-accused namely Ajmer Singh Gourh, Anjni Prasad Vaishy and Anoop Prasad Soni prepared forged muster roll and on the basis of said forged muster roll withdrew the Government money and embezzled that amount. It is alleged that the appellant was also involved in the crime.
Learned counsel for the appellant submitted that learned trial Court without appreciating the evidence properly, wrongly convicted the appellant Digitally signed by MONIKA CHOURASIA Date: 05/06/2020 13:18:00 2 CRA-1808-2020 for the aforesaid offences. There is no evidence on record to show that the appellant withdrew any Government amount on the basis of forged muster roll. The applicant is facing trial since 2009 and he was on bail during trial and did not misuse the liberty granted to him. The appellant is in custody since the date of judgment i.e. 10/02/2020. Hence prayed for suspension of the jail sentence and release of the appellant on bail, since the hearing of this appeal will take time.
O n the other hand, learned counsel for the respondent opposed the prayer and submitted that the guilt of the appellant was proved beyond reasonable doubt, therefore, learned trial Court has rightly convicted and sentenced the appellant.
Looking to the contention of the learned counsel for the appellant, the facts and circumstances of the case, the conduct of appellant when on bail during the trial and the fact that appellant is in custody since 10/02/2020 and according to listing policy the hearing of this appeal is likely to take a long time, the application is allowed and it is directed that the execution of the jail sentence alone passed against the appellant shall remain suspended during the pendency of this appeal and he be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 21/09/2020 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.
List the matter for final hearing in due course.
C.C. on payment of usual charges.
(RAJEEV KUMAR DUBEY) JUDGE m/-
Digitally signed by MONIKA CHOURASIA Date: 05/06/2020 13:18:00