Narayansingh vs State Of Madhya Pradesh

Vijay Kumar Shukla, J

Heard on I.A No.9687/2023 which is second application under Section 389 of Cr.P.C for suspension of sentence filed on behalf of appellant Narayansingh.

The appellant has been convicted under Sections 120-B, 420, 467, 468, 471 of IPC and sentenced to undergo R.I for 3 years, 3 years, 7 years, 3 years, 7 years and fine of Rs.5000/-, Rs.5000/-, Rs.5000/-, Rs.5000/-, Rs.5000/- with default stipulation.

As per prosecution case, the appellant had purchased one Mahindra Truck on the basis of loan of Rs.4,31,000/- from the State Bank of India, Khachrod branch but he did not pay the loan amount and it was found that loan was obtained on the basis of forged documents.

It was stated before this Court that the appellant is ready to deposit the loan amount and he had sent an application from the jail to the Branch manager, State Bank of India, Kharchrod branch but he did not give the details of remaining loan amount of account No. 61085 and also refused to accept the loan amount. Thereafter, I.A. No.14082/2023 was filed for permission to the appellant to deposit the remaining amount of the loan.

This Court granted permission to the appellant to deposit the remaining amount before the Bank and to file receipt in this regard.

The appellant has filed a document bearing seal of the State Bank of India, Khachrod certifying the fact that the principal outstanding amount of Rs.3,22,624/- as on 12/9/2006 has been liquidated. However, the interest amount of Rs.15,35,606.07/- as calculated on 8/11/2023 remains to be paid by the appellant.

Counsel for the appellant submits that the appellant is ready to deposit the interest amount of Rs.Rs.15,35,606.07/- as calculated on 8/11/2023 in equal installments in every 2 months and in default of payment of interest in 2 months the order of suspension of sentence shall stand cancelled.

Counsel for the State submits that the appellant has also been convicted under Sections 467 & 471 of IPC for committing forgery of documents

After hearing learned counsel for the parties and taking into consideration the fact that the appellant has already deposited the principal amount (as per certificate issued by the State Bank of India, Branch Khachrod, District - Ujjain) and he is ready to deposit the outstanding interest amount in installments and the appellant was on bail during trial, I am of the view that the appellant is entitled for grant of suspension of sentence subject to verification by the trial Court with regard to the certificate of deposit of Rs.3,22,624/- as on 12/9/2006 issued on 4/12/2023 by State Bank of India, Branch-Khachrod, District-Ujjain. The appellant shall deposit in equal installments the interest amount of Rs.15,35,606.07/- as calculated on 8/11/2023 in every two months without committing any default after his release. If any default is committed, the order of suspension of jail sentence shall stand cancelled without reference to the Court.

Accordingly, I.A No. 9687/2023 is allowed. The jail sentence of appellant Narayansingh is suspended upon his/her depositing the fine amount, if not already deposited, and on furnishing a bail bond of Rs.50,000/-(Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the trial court for his/her appearance before the Registry of this Court on 8/2/2024 and on subsequent dates as may be fixed in this behalf by the Registry.

With the aforesaid, I.A. is disposed off. CC as per rules.