Madhya Pradesh High Court
Nitin vs The State Of Madhya Pradesh on 7 February, 2025
1 CRA-14068-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 14068 of 2024
(NITIN AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 07-02-2025
Ms. Vineeta Sharma - Advocate for appellants.
Mr. B.K. Upadhyay – Government Advocate for State.
Appeal is admitted for hearing.
I.A. No.33006 of 2024 is an application under Section 389(1) of the Code
of Criminal Procedure for suspension of substantial jail sentence and grant of bail
to appellants Nitin and Nitesh.
This appeal is filed by the appellants being aggrieved of the judgment dated
16.12.2024 passed by the learned Seventh Additional Sessions Judge Sagar,
District-Sagar (M.P.) in S.T. No.26 of 2019 whereby appellant Nitin has been
convicted under Section 420 of the Indian Penal Code and sentenced to undergo
R.I. for four years with fine of Rs.5,000/- and appellant Nitesh has been convicted
for the offence punishable under Section 420 of the Indian Penal Code and
sentenced to undergo R.I. for four years with fine of Rs.5,000/- and under Section
409 of the Indian Penal Code and sentenced to undergo R.I. for five years with fine
of Rs.5,000/-with default stipulations respectively.
Learned counsel for the appellants has submitted that the trial Court has
convicted the appellants for the offence punishable under Section 420 of the
Indian Penal Code and sentenced to undergo R.I. for four years for each of the
appellants and Nitesh has also been convicted under Section 409 of the Indian
Penal Code. Both of the appellants are the brothers and they were running a
Mutual Benefit Company that was registered under the Companies Act, 1956. The
Signature Not Verified
Signed by: JULIE SINGH
Signing time: 10-02-2025
18:55:38
2 CRA-14068-2024
appellants have neither collected any amount nor they have misappropriated the
amount in their favour. The trial Court on conjectures and surmises has convicted
the appellants. Most of the investors have compromised the matter and thus,
Section 420 of the Indian Penal Code was compounded but the trial Court has
convicted the appellants under Sections 409 and 420 of the Indian Penal Code that
cannot be sustained as per the available record as none of the prosecution
witnesses have supported the case. On cross-examination, the prosecution
witnesses have not remained firm on their statements and the documents were not
proved properly. If the appeal is allowed and the appellants are constantly kept in
the custody and the appellants have completed the jail sentence, then the filing of
the appeal may turn futile.
Learned counsel for the appellants has relied on the judgment of Brijpal
Singh Vs. State of U.P. and Another, Netural Citation No.2024:AHC:61469
particularly paragraph nos.6, 24, 30 and 34 of the judgment and also relied on the
judgment of M/s. Madras Flying Club Ltd. Vs. The Deputy Registrar Companies
Act, passed by High Court of Judicature at Madras on 04.03.2019 and has
submitted that there are good chances that the appellants succeed in the appeal,
hence, the substantial jail sentence of the appellants be suspended.
Learned counsel for the State has submitted that there is concrete evidence
against the appellants, hence, no interference is required as the trial Court has
considered all the facts and after that passed the judgment.
I have gone through the record. Perused the statement of prosecution
witnesses and the judgment passed by the trial Court.
Looking to the facts and circumstances and the facts brought before the trial
Court, I deem it appropriate to suspend the remaining jail sentence of appellants.
Accordingly, I.A. No.33006 of 2024 is allowed.
Signature Not Verified
Signed by: JULIE SINGH
Signing time: 10-02-2025
18:55:38
3 CRA-14068-2024
Subject to depositing the fine amount, if not already deposited, it is directed
that the appellants be released on bail on their furnishing a personal bond for a
sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety
each of the like amount to the satisfaction of the trial court with a further direction
to appear before the concerning trial Court on 16.07.2025 and also on such other
dates, as may be fixed by the trial Court in this regard during the pendency of this
appeal. The trial Court shall not fix more than two dates in a year for their
appearance till the final disposal of appeal.
List the matter for final hearing in due course.
Certified copy as per rules.
(DEVNARAYAN MISHRA)
JUDGE
julie
Signature Not Verified
Signed by: JULIE SINGH
Signing time: 10-02-2025
18:55:38
