Ramesh vs The State Of Madhya Pradesh
2021 Latest Caselaw 1801 MP

-1-              CRA No.694/21 & CRA No.872/21




               HIGH COURT OF MADHYA PRADESH,
                         BENCH AT INDORE
                            CRA NO.694/21
          Narendra Gome s/o Babulal Gome vs. State of M.P
                           CRA No.872/2021
             Ramesh s/o Mansingh Suliya vs. State of M.P
05.05.2021: (INDORE):
      Shri Ashish Kanungo, learned counsel for the appellant
Narendra.
      Shri Sanjay Kumar Sharma, learned counsel for the appellant
Ramesh.
      Shri     Vaibhav      Jain,     learned     counsel         for   the
respondent/Lokayukta.

Heard on the question of admission. Record perused. Admit.

List for final hearing in due course.

Also heard on IA No.1107/2021, an application for suspension of sentence on behalf of appellant Narendra and IA No.4619/21, an application on behalf of appellant Ramesh for suspension of sentence.

Appellants have filed these appeals against the judgment dated 20.01.2021 passed by Special Judge (Prevention of Corruption Act), Ratlam in Special Case No.04/2015 whereby the learned trial Court has convicted appellant Narendra under section 120-B IPC and u/s 13(2) of the Prevention of Corruption Act and sentenced him to undergo RI for 4 years with fine of Rs.3000/ for the offence u/s 120B IPC and RI 4 years with fine of Rs.3000/. The appellant Ramesh has been convicted under section 120B & 201 IPC and sentenced to undergo RI for 4 years with a fine of Rs.3000/ and RI for 1 year with a fine of Rs.1000/ respectively with further default stipulation.

Learned counsel for the appellants submits that the appellants have been falsely implicated in the offence due to the previous enmity. The complainant has turned hostile. The demand has not been proved. The tainted money was recovered from an open place, not from the pocket of the appellants. They are in jail for the last 3-4 months. They

-2- CRA No.694/21 & CRA No.872/21

were on bail during trial and never misused the liberty of bail. There is no one in their families to look after their families during this Corona epidemic. The appellants have already lost their jobs, therefore, their families have no source of earning also. The appellants have every hope of success in these appeals as they have neither demanded nor received any bribe from the complainant. They are in custody since 20.01.2021. There is no likelihood of early disposal of these appeals in near future, hence the applications 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.

Shri Vaibhav Jain learned counsel for the respondent opposes the prayer by submitting the prosecution has successfully proved the demand and acceptance of bribe. The appellant Narendra Station House Officer was the Investigation officer of the FIR registered against the son of the complainant and he demanded a bribe for submitting the closer report and the appellant Raman has helped him in walloping the evidence, hence they are not entitled to suspension of sentence.

I have heard the learned counsel for the parties and perused the record.

The appellants have raised arguable points in these appeals. There is no possibility of hearing these appeals on merit in the near future i.e. before the expiry of 4 years sentence. 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 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 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.694/21 & CRA No.872/21

In view of the above, the applications are 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 their appearance before the Registry of this Court, the execution of custodial part of the sentence shall remain suspended till the final disposal of these appeals.

The appellants after being released on bail shall mark their presence before the Registry of this Court on 11.10.2021 and on all such subsequent dates, as may be fixed on this behalf by the Registry during the pendency of this appeal.

Before releasing the appellants from the custody, the Jail Authorities are directed to medically examine them 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.01/2020.

List the matter for final hearing in due course. C.c as per rules.

(VIVEK RUSIA) JUDGE hk/

Digitally signed by HARI KUMAR C G NAIR Date: 2021.05.07 11:26:58 +05'30'