Madhya Pradesh High Court
O.P. Jaroliya vs Special Police Establishment … on 20 June, 2025
Author: Anil Verma
Bench: Anil Verma
1 CRA-12081-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 12081 of 2023
(O.P. JAROLIYA Vs SPECIAL POLICE ESTABLISHMENT (LOKAYUKT) ORGANIZATION M.P. )
Dated : 20-06-2025
Shri K.K.Sharma with Shri M.M.Tripathi - Advocate for the
appellant.
Shri SC Chaturvedi - Special Public Prosecutor for Special Police
Establishment (Lokayukt) Organization, M.P.
Record of the trial court has been received.
Heard on admission.
Being arguable, the appeal is admitted for final hearing.
Heard on I.A.No.3879 of 2025 an application for taking documents on
record.
The documents being relevant for the purpose of proper adjudication
of the matter, therefore, the same are taken on record.
Also heard on I.A.No.3878 of 2025 for exemption from filing typed
copy of the order.
For the reasons mentioned therein, the application is allowed and the
appellant is exempted from filing typed copy of the order.
Heard on I.A.No.17569/2023, which is first application under Section
430 of BNSS/389(1) of CrPC for grant of bail and suspension of remaining
jail sentence filed on behalf of appellant.
Appellant has been convicted under Sections 409/120B, 467/120B,
468/120B, 474/120B, 477A/120B, 120B of IPC and 13(1) (d)/120 B r/w
13(2) of P.C. Act, 1988 and sentenced to undergo Five years RI with fine of
Signature Not Verified
Signed by: RAM KUMAR
SHARMA
Signing time: 6/20/2025
7:08:10 PM
2 CRA-12081-2023
Rs.50,000/-, Seven years RI with fine of Rs.50,000/-, Five years RI with fine
of Rs.50,000/-, Seven years RI with fine of Rs.50,000/-, Five years RI with
fine of Rs.50,000/-, Five years RI with fine of Rs.50,000/-, Five years RI
with fine of Rs.50,000/- and Five years RI with fine of Rs.50,000/- with
usual default stipulations.
Learned counsel for the appellant submits that the appellant has been
falsely implicated in this matter. He has wrongly been convicted by the Trial
Court on the basis of improper appreciation of evidence. There are material
contradictions and omissions in the statement of the witnesses which are not
supported by the material documentary evidence and nothing is available on
record that the appellant has received any amount as bribe or any other
pecuniary advantage from the stake holders. He has been acquitted in the
departmental inquiry. He has been convicted without having any prior
sanction by the competent authority. There is strong case in favour of the
appellant. The appellant is 70 years of old person and suffering from various
ailments and his treatment is still going on. Looking to old pendency of the
cases for consideration, final conclusion of this appeal would take
sufficiently long time. Hence, the execution of the remaining part of the jail
sentence of the appellant be suspended till the final disposal of this appeal.
Counsel for the appellant places reliance upon the judgments of
A.Sivaprkash Vs. State of Kerala in Cr.Appeal No.131 of 2007 on 10th
May, 2016, Abhay Jaiswal Vs. The State of M.P. in SLP (Cri) No.14421 of
2024 on 3rd December, 2024, Vishnubhai Ganpatbhai Patel & Anr. Vs. State
of Gujrat in S.L.P. ( Cr.) No.(S).12853 of 2023 on 3rd November, 2023 and
Signature Not Verified
Signed by: RAM KUMAR
SHARMA
Signing time: 6/20/2025
7:08:10 PM
3 CRA-12081-2023
R.Balakrishna Pillai Vs. State of Kerala reported in (1996) AIR (SC) 901 in
support of his contentions.
Per contra, learned counsel for the respondent/State opposes the
application for suspension of sentence and prays for its rejection.
Considering all the facts and circumstances of the case and also taking
note of the fact that the allegation has been levelled against the appellant is
that he has sanctioned and disbursed the loan amount among the 178 forged
stake holders on the basis of forged documents. In view of the cogent oral as
well as documentary evidence available on record, this court is not inclined
to grant benefit of suspension of sentence and grant of bail to the appellant at
this stage.
Therefore, I.A.No. 17659 of 2023 is hereby dismissed.
It is submitted that the appellant is suffering from some ailment
therefore, concerning jail authorities are directed to provide him with
adequate medical facilities in accordance with the law and rules.
Registry is directed to list the matter for final hearing in due course.
Certified copy as per rules.
(ANIL VERMA)
JUDGE
Rks
Signature Not Verified
Signed by: RAM KUMAR
SHARMA
Signing time: 6/20/2025
7:08:10 PM