Mathura Prasad And Others vs State Of Madhya Pradesh

Vishnu Pratap Singh Chauhan, J

Heard on I.A. No.9096/2020 under Section 389 (1) of the Code of Criminal Procedure, 1973 for suspension of sentence and grant of bail to the

appellants Mathura Prasad and Smt. Kusum Bai.

The appellants stand convicted for the offence punishable under Section 409 of IPC and sentenced to undergo R.I. for 5 years along with fine of

Rs.5,000/-, with default stipulation. Being aggrieved by that conviction and sentence, the appellants have filed this appeal.

Learned counsel for the appellants submits that during the valuation of the work, defalcation of Rs.5,97,572/- was found. Counsel further submits that

Rs.42,49,410/- spent for the construction work, but construction work was valued only of Rs.36,51,838/- during valuation in this regard. Allegation

against the appellants is that they have defalcated Rs.5,97,572/-. During pendency, Court again directed for revaluation. In para 25 of the judgment,

Court found that some work worth Rs.87,154/- was additionally evaluated.

Learned counsel for the appellants also submits that there are chances that during next valuation of the work, it would be evaluated properly. The

appellant has already deposited approximately Rs.3,00,000/- when they were released on bail. The appellants have already spent more than 1 year in

judicial custody. The appeal would take considerable time for its final disposal; therefore, it has been prayed that jail sentence of the appellants may be

suspended.

Learned Panel Lawyer for the respondent/State submits that the appellant may be directed to deposit the whole remaining amount of defalcation,

thereafter his jail sentence may be suspended and prays for dismissal of this application.

Heard learned counsel for the parties and perused the statements of the witnesses. No doubt, recovery of the amount might have been started by the

department from the appellants. The department may receive the amount whatever is deposited in the Court by the appellants in respect of

defalcation, so that defalcation money may be fulfilled.

Considering all evidences of the witnesses as also considering the undergone period of appellants, this Court is inclined to suspend further custodial

awarded sentence of the appellants. Hence, I.A. No.9096/2020 is hereby allowed.

It is directed that on depositing the fine amount, if not already deposited, and on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty

Thousand only) with one solvent surety each in the like amount to the satisfaction of the trial Court for their appearance before the trial Court on

07.01.2021 and all other subsequent dates as may be fixed by the concerned Court in this regard till final disposal of this appeal, the remaining part of

the substantive jail sentence imposed upon the appellants shall stand suspended and they shall be released on bail.

It is further directed that if the appellants are found indulged in any criminal activity during suspension of their jail sentence, the bail granted in this

case shall stand cancelled.

Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona

Virus, before and after releasing the appellant.

List the matter for final hearing in due course.

Certified copy as per rules.