Madhya Pradesh High Court
Omprakash Tyagi vs Union Of India on 26 November, 2021
Author: Vishal Dhagat
Bench: Vishal Dhagat
1 CRA-5050-2021
The High Court Of Madhya Pradesh
CRA No. 5050 of 2021
(OMPRAKASH TYAGI Vs UNION OF INDIA)
4
Jabalpur, Dated : 26-11-2021
Mr. Amitabh Gupta, learned counsel for appellant.
Mr. J. K. Jain, learned Asstt. Solicitor General for respondent/Union of
India.
Heard on the question of admission.
Appeal is admitted for hearing.
Appellant has filed I.A No.15478/2021 under Section 389(1) of Code o f Criminal Procedure, for suspension of jail sentence. Appellant has been convicted under Sections 419 read with 120-B, 420 read with 120-B, 467 read with 120-B and 468 read with 120-B, and section 3(Gha)(1)(2) read with section 4 of M.P. Recognized Examination Act, 1937 and has been sentenced to undergo R.I. for 2 years, R.I. for 2 years, R.I. for 7 years, R.I. for 7 years, R.I. for 7 years and R.I. for 2 years along with fine amount of Rs. 1,000/-, 1,000/-, 3,000/- 1,000/- 3,000/- and 1,000/- on each count with default stipulations.
It is submitted by learned counsel appearing for the appellant that sentences of other identically situated co-accused persons have already been suspended and they have been enlarged on bail. It is further submitted that case of appellant is also similar. It is submitted that no case under Section 467 of IPC, is made out against appellant. As per prosecution story, admit card is said to have been forged which is not a valuable security even if prosecution version is taken as true and even if a report of expert is taken to be true then also no offence under section 467 of IPC will be made out. In the circumstances, he made a prayer for suspension of sentence of appellant.
Learned Assistant Solicitor General appearing for the respondent opposed the application for suspension of sentence. It is submitted by him Signature Not that report of hand-writing expert is a conclusive piece of evidence and, SAN Verified Digitally signed by NEETI TIWARI Date: 2021.11.26 16:39:02 IST 2 CRA-5050-2021 therefore, appellant has rightly been convicted under the aforesaid sections.
Heard learned counsel for parties.
Considering the fact that admit card is not a valuable security and other offences are punishable with imprisonment for fixed term and appellant was on bail during trial, I.A. No.15478/2021 is allowed. It is hereby directed that sentence of appellant shall remain suspended during the pendency of this appeal and appellant Satish shall be released on bail, subject to deposit of entire fine amount, if not already deposited, and on his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court, for his appearance before the Registry on 22.06.2022 and on other dates as may be fixed in this regard by the Registry till final disposal of this appeal.
List the appeal for final hearing in due course.
C.C. as per rules.
(VISHAL DHAGAT)
JUDGE
nd
Signature
SAN Not
Verified
Digitally signed by
NEETI TIWARI
Date: 2021.11.26
16:39:02 IST