Citation : 2022 Latest Caselaw 3790 Chatt
Judgement Date : 15 June, 2022
1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Criminal Appeal No. 787 of 2022
Shrawan Singh S/o Late Dhanush Singh Gahlot, 65 years, R/o Village Bhaisda,
Tahsil Janjgir, District Janjgir-Champa (C.G.)
The Then Nodal Officer Co-operative Bank Janjgir-Champa
----- Appellant
versus
State of Chhattisgarh, Through : The State Economic Crime Investigation Bureau/Anti
Corruption Bureau, Raipur, District Raipur (C.G.)
----- Respondent
15/06/2022 Shri Pafull Bharat, Senior Advocate with Shri Keshav Dewangan, Advocate
for the Appellant.
Shri Kashif Shakeel, Deputy Advocate General for the State.
Heard on I.A. No. 01 of 2022, application under Section 389 of Cr.P.C. for
suspension of sentence and grant of bail to appellant.
By the impugned judgment dated 20.04.2022 passed by the Special Judge
(Prevention of Corruption Act, 1988), Janjgir, District Janjgir-Champa (C.G.) in
Special Case (Corruption) No. 2/2018, the appellant stands convicted and
sentenced as under:
Conviction Sentence
Under Section 13(2) read with R.I. for five years and fine of
Section 13(1)(e) of Prevention of Rs.5,00,000/-, in default of
Corruption Act, 1988 payment of fine to further undergo
S.I. for one year
Considering the material available on record, in particular the fact that
maximum sentence awarded to the appellant is of five years, the age of the
appellant i.e. 65 years, the appellant was on bail during trial & after conviction he
is in jail, he did not misuse the liberty so granted and disposal of this appeal is
likely to take some time, without further commenting on merit, I am of the opinion
that present is a fit case to suspend the jail sentence imposed upon the appellant
and to release him on bail.
Accordingly, the application (I.A. No. 01 of 2022) is allowed.
It is directed that the execution of substantive jail sentence imposed upon
appellant shall remain suspended during the pendency of this appeal and he shall
be released on bail on his furnishing a personal bond in the sum of Rs.2,00,000/-
with two sureties of Rs.1,00,000/- each to the satisfaction of the trial Court. He
shall appear before the Registry of this Court on 22nd August, 2022 and thereafter
shall appear before the trial Court on a date to be given by the Registry and shall
continue to appear there on all such dates as are given to him by the said Court
till disposal of this appeal.
Learned senior counsel submitted that the appellant is suffering from some
ailment, therefore, he prays for certified copy of this order today itself.
Certified copy today as per rules.
List this appeal for final hearing in due course.
Sd/-
(Gautam Chourdiya) Judge
vatti
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