IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 6860 of 2023 (KALVINDER SINGH ALIAS GOLD AND ORS. Vs THE STATE OF MADHYA PRADESH)

Shri Sankalp Sharma- Advocate for the appellants.

Shri Kaushlendra Singh Tomar- Public Prosecutor for the State.

Shri Anshu Gupta- Advocate for the complainant.

---------------------------------------------------------------------------------------

Reserved on : 14.05.2024 Pronounced on : 31.05.2024 ----------------------------------------------------------------------------------------

This matter having been heard on IA No. 1042 of 2024 and reserved for order, coming on for pronouncement this day, Justice Sanjeev S Kalgaonkar pronounced the following

ORDER

Heard on the question of admission.

Record of the trial Court has been received.

Being arguable, the appeal is admitted for final hearing.

Also heard on IA No. 1042 of 2024, third application under Section

389(1) Cr.P.C. moved on behalf of appellant No.1- Kalvinder Singh @ Goldi seeking suspension of sentence and grant of bail. Earlier applications were dismissed as withdrawn vide orders dated 26.06.2023 and 20.09.2023.

Appellant stood convicted under Section 467/34 of IPC and sentenced to undergo four years RI with fine of Rs. 5,000/- and Section 468 of IPC and sentenced to undergo four years RI with fine of Rs.5,000/- with default stipulations vide judgment of conviction and sentence dated 11.05.2023 passed by First Additional Sessions Judge, Dabra District Gwalior (M.P.) in ST No.36/2017.

Learned counsel for the appellant in addition to the ground mentioned in the application contends that learned Trial Court convicted the appellant for offence punishable under Section 467 r/w Section 34 of IPC and Section 468 of IPC. There was no charge for offence punishable under Section 420 of IPC against the appellant. Learned counsel referring to the judgment of Apex Court in case of Sheila Sebastian v. R. Jawaharaj and Anr. AIR (2018) SC 2434 and Md. Ibrahim and Ors. v. State of Bihar and Anr. AIR 2010 SC (Suppli.) 347 contends that the appellant does not fall within the definition of maker of false document as defined under Section 464 of IPC. Mere execution of a sale-deed by claiming that the property sold was executant's property did not amount to commission of offence punishable under Sections 467 and 471 of IPC even if the title of property did not vest in the executant. Learned counsel submits that in view of aforementioned position of law, learned trial Court committed error in convicting the appellant No.1- Kalvinder Singh @ Goldi for offence punishable under Sections 467/34 and 468 of IPC. Learned counsel further submits that the appellant No.1–Kalvinder has already undergone custody for one year. Fine amount has already been deposited by the appellant. He was on bail during trial. He had not misused the liberty granted to him. There is no likelihood of early hearing of appeal in near future. On these grounds, learned Counsel prays that execution of remaining jail sentence of appellant may be suspended and he may be enlarged on bail.

Per contra, learned Counsel for respondent State ably assisted by learned counsel for the objector opposes the application and submits that appellant No.1- Kalvinder Singh is habitual offender. There is criminal history of nine cases against the appellant including two cases of similar nature. Appellant- Kalvinder stands convicted vide judgment dated 08.03.2022 in ST No.74/2019 passed by Learned IInd ASJ, Dabra, Gwalior for offence punishable under Sections 341, 323 and 326 read with Section 34 of IPC, therefore, the appellant does not deserves suspension of sentence.

Heard both the parties and perused the record.

Learned trial Court on appreciation of record concluded that the prosecution has proved beyond doubt that the appellant Kalvinder executed a sale deed as power of attorney of Narendrajeet Kaur in favour of Prajeet Singh Chahal on 22.12.2005. Thereafter, knowing fully well that the land comprised in sale deed dat