Mabood Hussain vs Central Bureau Of Investigation
2021 Latest Caselaw 1124 MP

                                                                    1                              CRA-2112-2020
                                          The High Court Of Madhya Pradesh
                                                     CRA-2112-2020
                                           (MABOOD HUSSAIN AND OTHERS Vs CENTRAL BUREAU OF INVESTIGATION)


                                  Jabalpur, Dated : 26-03-2021
                                        Shri Mohd. Aadil Usmani, learned counsel for the appellants.

                                        Shri J.K. Jain, Assistant Solicitor General for the respondent-CBI.

Heard on I.A. No.4714/2021, which is an application under Section 389 (1) of Cr.P.C. for suspension of the custodial sentence passed against appellant No.1 Mabood Hussain.

This appeal has been preferred against the judgment dated 29/01/2020 passed by Special Judge (C.B.I.), Jabalpur in Special Case No.900012/2014, whereby learned Special Judge found appellant No.1 Mabood Hussain guilty for the offences punishable under Section 8 of Prevention of Corruption Act and sentence him to undergo R.I. for three years with fine of Rs.50,000/- and Section 419 read with Section 120-B and Section 201 of the IPC and sentence him to undergo R.I. for three years with fine of Rs.1,000/- and R.I. for nine months with fine of Rs.1,000/- respectively, with default clause.

Learned counsel for the appellant submitted that learned trial Court

without appreciating the evidence properly,wrongly convicted the appellant N o . 1 for the aforesaid offences. There are several omissions and contradictions in the evidence adduced by the prosecution. Appellant no.1 is in custody since 15/01/2021. Hence, prayed for suspension of the jail sentence and release of the appellant no.1 on bail since the hearing of this appeal will take time.

O n the other hand, learned counsel for the respondent opposed the prayer and submitted that the guilt of the appellant no.1 was proved beyond reasonable doubt, therefore, learned trial Court has rightly convicted and sentenced the appellant no.1.

This Court has considered the respective submissions made by the parties and perused the impugned judgment passed by the trial Court. The Signature Not Verified SAN maximum sentence of imprisonment awarded to the appellant no.1 is only 3 Digitally signed by ANURAG SONI Date: 2021.03.26 18:02:05 IST 2 CRA-2112-2020 years. Hon'ble Supreme Court in the case of Bhagwan Rama Shinde Gosai Vs. State of Gujrat ( 1999) 4 SCC 421 has held that when a person is convicted and sentenced to a short term imprisonment, the normal rule is that when his appeal is pending, the sentence should be suspended by enlarging appellant on bail and rejection can only be by way of exception. Apex Court

in the case of C. Sareen v. CBI, Chandigarh : (2001) 6 SCC 584 held "No doubt when the appellate court admits the appeal filed in challenge of the conviction and sentence for the offence under the PC Act, the superior court should normally suspend the sentence of imprisonment until disposal of the appeal, because refusal thereof would render the very appeal otiose unless such appeal could be heard soon after the filing of the appeal. Apex Court in the case of N. Ramamurthy Vs. State of Central Bureau Of Investigation, A.C.B., Bengaluru, 2019 Cri.L.J. 2929, also held that in cases where an appeal could not be heard soon after the filing of the appeal, the superior Court should normally suspend the sentence of imprisonment until disposal of the appeal.

So looking to the facts and circumstances of the case, the term of imprisonment awarded, the conduct of appellant no.1 Mabood Hussain when on bail during the trial, and the fact that appellant no.1 Mabood Hussain is in custody since 15/01/2021 and according to listing policy the hearing of this appeal is likely to take a long time, the application is allowed and it is directed that the execution of the jail sentence alone passed against appellant no.1 Mabood Hussain shall remain suspended during the pendency of this appeal and he be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 23/08/22021 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

The appeal has already been admitted for final hearing, so it be listed

Signature Not Verified SAN for final hearing in due course.

Digitally signed by ANURAG SONI
Date: 2021.03.26 18:02:05 IST
                                                                       3               CRA-2112-2020
                                       Certified copy as per rules.

                                                                          (RAJEEV KUMAR DUBEY)
                                                                                 JUDGE


                                  as




Signature Not Verified
  SAN




Digitally signed by ANURAG SONI
Date: 2021.03.26 18:02:05 IST