Brajesh Kumar Gupta vs The State Of Madhya Pradesh
2021 Latest Caselaw 2812 MP

-1-                                       CRA No.885/2020
HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
                       CRA No-885/2020
            (Brajesh Kumar Gupta Vs State of M.P.)
Indore, Dated :29.6.2021
      Heard through Video Conferencing.
      Shri A.Sirpurkar, learned senior counsel with Shri Bablu Patel,
learned counsel for the appellant.
      Shri Raghvendra Singh Raghuvanshi, learned counsel for the
Respondent [R-1].

Heard on I.A.No.10111/2021 an application for urgent hearing. Considered. Allowed.

Also heard on IA No.10110/2021 which is a third repeat application under section 389 Cr.P.C for suspension of sentence on behalf of the appellant.

The appellant has filed the present appeal being aggrieved by the judgement dated 16.1.2020 passed by learned Special Judge, Prevention of Corruption Act, Mandaleshwar (West Nimar) whereby he has been convicted under Section 7 read with Section13(1)(d) and under Section 13(2) of Prevention of Corruption Act, 1988 and has been sentenced to undergo four years R.I and to pay fine of Rs.20,000-20,000/- respectively and in default of payment of fine amount further to undergo 1-1 year S.I.

The second application for suspension of sentence was allowed on 27.5.20202 for a period of six months due to illness of the appellant.

The learned counsel for the appellant submitted that the appellant has already undergone 11 months jail sentence out of four years and there is no likelihood of early disposal of the appeal in near

-2- CRA No.885/2020 future, by that time he will complete the entire sentence. He is also not keeping good health and still he is suffering from infection in retina (RE ) Vitreous Hemmorage and (LE) Proliferative Diabetic Reiopathy, hence, the application for suspension of sentence be considered taking into consideration the directions issued by the Hon'ble Supreme Court in the light of Covid-19 pandemic in Suo Moto Writ Petition (Civil) No.05/2020.

Learned counsel for the respondent opposes the prayer and prays for its rejection and also submits that except period of custody of the appellant there is no change in circumstances in the present case.

The Apex Court in the case of Vedkumar Pandya vs. State of M.P. (SLP No.6560/2019 decided on 16.09.2019) has suspended the sentence to the appellant under the PC Act only on the ground that he is in custody since last ten months and there is no likelihood of early disposal of the appeal in near future. The entire order is reproduced below:-

The petitioner has been in custody since 29th November 2018. Considering the fact that the sentence is only for four years and disposal of the appeal is likely to take time, having regard to the -3- CRA NO.5663/2019 pendency of cases, we deem it appropriate to direct that the petitioner be released on bail in Special Case No.29 of 2016 dated 29th November, 2018 on conditions to the satisfaction of the Special Judge (Prevention of Corruption Act), Indore. The special leave petitions are disposed of.

-3- CRA No.885/2020 In view of the above judgment passed by the Apex Court in the case of Vedkumar Pandya vs. State of M.P. (SLP No.6560/2019 decided on 16.09.2019) and also looking to the advance age of the applicant, who is 57 years old and the period of custody undergone by him, i.e., 11 months out of four years and there is no likelihood of early disposal of the appeal in near future, the application (I.A.No.10110/2021) is allowed and it is directed that subject to deposit of the fine amount with the trial Court (if already not deposited) and furnishing personal bond in the sum of Rs.50,000/-

(Rupees Fifty thousand) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court, the execution of custodial part of the sentence shall remain suspended till the final disposal of this appeal. The appellant after being released on bail shall mark his presence before the Registry of this Court on 21/1/2022 and on all such subsequent 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 infection and shall comply with the direction given by the Apex Court in Writ Petition No.05/2020.

List the matter for final hearing in due course.

(VIVEK RUSIA) JUDGE

das Digitally signed by REENA PARTHO SARKAR Date: 2021.06.29 17:18:35 +05'30'