Madhya Pradesh High Court
Mukesh Pandya vs The State Of Madhya Pradesh on 9 December, 2021
Author: Vivek Rusia
-1- CRA No.4561/2021
HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
CRA NO.4561/2021
Mukesh Pandya s/o Shri
Premnarayan Pandya, Age 40 years,
occupation Service, R/o village
Samanera, Tehsildar Tarana,
District Ujjain M.P .......Appellant.
vs.
Special Police Establishment,
Lokayukt, Ujjain M.P .......Respondent.
09.12.2021: (Indore):
Shri Sachin Bhatnagar, learned counsel for the appellant.
Shri Vaibhav Jain, learned counsel for the respondent/Lokayukt.
Heard on IA No.21066/2021, an application for suspension of
sentence on behalf of the appellant.
Appellant has filed this appeal against the judgment dated
29.7.2021 passed by Special Judge (PC Act) in Special Case
No.01/2017 whereby the learned trial Court has convicted the
appellant under section 7, 13(1)(d) & 13(2) of the Prevention of
Corruption Act and sentenced him to undergo RI for 4 years with fine
of Rs.5000/- and RI for 4 years with fine of Rs.5000/- respectively
with further default stipulation.
Learned counsel for the appellant submits that the appellant has
been falsely implicated in the offence due to previous enmity. He
further submits that the trial Court has committed an error in
appreciating the evidence and convicting the appellant. The appellant
was on bail during trial and he never misused the liberty granted by the
court. He has every hope of success in this appeal as he has neither
demanded nor received any bribe from the complainant. There is no
one in his family to look after his family. The appellant has already
lost his job, therefore, his family has no source of earning The hearing
of this appeal would likely to take long time, hence prayed for
suspension of sentence and release of appellant on bail.
-2- CRA No.4561/2021
On the other hand, learned counsel for the respondent/Lokayukt
opposes the prayer.
Considering the facts and circumstances of the case and the fact
that this appeal is likely to take time for final hearing, the application
is allowed and it is directed that the jail sentence passed against the
appellant shall remain suspended and he be released on bail upon his
depositing the fine amount (if already not deposited) and furnishing
personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one
solvent surety in the like amount to the satisfaction of the trial Court
for his appearance before the Registry of this Court on 18.04.2022 and
on such further dates as may be fixed in this behalf by the Registry
during the pendency of this appeal.
Before releasing the appellant from the custody the jail
authorities are directed to medically examine him in order to rule out
the possibility of COVID -19 infections and shall comply with the
direction given by the Hon'ble Apex Court in Writ Petition No.
1/2020.
C.c as per rules.
(VIVEK RUSIA)
JUDGE
Digitally signed by HARI
KUMAR C G NAIR
Date: 2021.12.09 16:47:20
hk/ +05'30'
