Ramgopal Rathore vs The State Of Madhya Pradesh
2021 Latest Caselaw 1950 MP

            HIGH COURT OF MADHYA PRADESH,
                  BENCH AT GWALIOR
                     Cr.A. No. 1848/2021
           ( Ramgopal Rathore Vs The State of M.P. )
                                  (1)

Heard through video conferencing.
Gwalior, dated :10/05/2021
      Shri Vijay Dutt Sharma, learned counsel for the appellant.

       Shri Ajay Chaturvedi, learned Special Public Prosecutor for

the respondent- Lokayukt.

IA No. 9758/2021, an application for urgent hearing is

allowed.

At the outset counsel, Counsel for the appellant seeks

permission to withdraw IA No.13769/2021, third application for

interim suspension of sentence and grant of bail.

Accordingly, the aforesaid IA stands dismissed as withdrawn.

Heard on I.A. No.9759/2021, second application for

suspension of sentence and grant of bail. Earlier first IA No.

8486/2021 was dismissed as withdrawn vide order dated 22/03/2021.

This appeal has been preferred against the judgment dated

05/03/2021 passed by Special Judge, Prevention of Corruption Act

Shivpuri (M.P.) in Special Case No. 01/2017 whereby the appellant

has been convicted under section 7 of the Prevention of Corruption

Act 1988 and Section 13(1)(d) read with Section 13(2) of the

Prevention of Corruption Act, 1988 and sentenced to suffer four

years RI with fine of Rs. 7000/- and sentenced to undergo five years

RI with fine of Rs. 7000/- respectively.

Prosecution story found to be proved against the appellant and

co-convict Zafiruddin Shaikh is that a complaint was filed on

07/11/2015 to the effect that appellant Ramgopal Rathore demanded HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A. No. 1848/2021 ( Ramgopal Rathore Vs The State of M.P. )

Rs. 30,000/- from the complainant for grant of licence for trading in

mineral/products in the name and style of M/s Chhotu Stone

Suppliers. A trap was laid and appellant Ramgopal informed that

money would have to be given to co-convict Zafiruddin Shaikh,

ADM for the purpose and demanded money so that licence can be

granted.

Learned counsel for the appellant submits that the Court below

has wrongly convicted the appellant. It is submitted that appellant

was on bail during trial and has never misused the liberty so

granted. It is submitted that if he released on bail, there is no

possibility of his absconsion. An early hearing of this criminal appeal

is not possible. It is further submitted that in view of COVID-19

outbreak,detention of appellant in already congested prisons may be

detrimental. With the aforesaid submissions, prayer for suspension of

sentence is made.

The prayer is opposed by learned Special Public Prosecutor.

An early hearing of this case is not possible. Taking into

consideration the overall facts and circumstances of the case, and be

that as it may, considering the age of the appellant 58 years and in

view of second wave of Covid-19 pandemic and with the need to

decongest the jail, which are the potential hot spots for spread of

infection, the I.A. is allowed

It is, therefore, directed that if appellant deposits the entire HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A. No. 1848/2021 ( Ramgopal Rathore Vs The State of M.P. )

fine amount, if not already deposited, and furnishes a personal bond

in the sum of Rs.50,000/-(Rupees fifty thousand Only) with a

solvent surety in the like amount to the satisfaction of trial Court for

his appearance before the Registry of this Court on 14th December,

2021 and on such subsequent dates as may be fixed in this regard,

sentences of imprisonment awarded to him shall remain suspended

till further orders and he shall be released on bail.

The appellant shall furnish a written undertaking that he will

abide by the terms and conditions of various circulars, as well as,

orders issued by the Central Government, State Government and

local administration from time to time such as maintaining social

distancing, physical distancing, hygiene etc. to avoid proliferation of

Corona virus.

Certified copy/e-copy as per rules/directions.

(S.A.Dharmadhikari) Judge Prachi* PRACHI MISHRA 2021.05.11 15:27:15 +05'30'