Madhya Pradesh High Court
Suneel vs Central Bureau Of Investigation on 1 October, 2021
Author: Sheel Nagu
1 CRA-922-2021
THE HIGH COURT OF MADHYA PRADESH
CRA-922-2021
(Suneel Singh Bhadauriya Vs. The State of M.P.)
Gwalior, dated: 01.10.2021
Shri A.R. Shivhare, learned counsel for the appellant.
Shri G.P. Chaurasia, learned Public Prosecutor for
respondent/State.
Learned counsel for rival parties are heard.
This criminal appeal assails judgment dated 29.01.2021 passed
in S.T. No.75/2014 by Special Judge CBI and Fourth Additional Sessions
Judge Gwalior (M.P.) whereby appellant-Suneel Singh Bhadauriya has
been convicted and sentenced as under :-
Section Imprisonment Fine
120B of IPC 1 year R.I. Rs.100/- with default
stipulation
419/120B of IPC 3 Year R.I. Rs.500/- with default
stipulation
420 of IPC 3 years' R.I. Rs.500/- with default
stipulation
467/120B of IPC 5 years' R.I. Rs.1000/- with default
stipulation
468/120B of IPC 3 years' R.I. Rs.500/- with default
stipulation
471/120B of IPC 5 years' R.I. Rs.1000/- with default
stipulation
4 of MP 1 years' R.I. Rs.100/- with default
Recognized stipulation
Examination Act
I.A.No.21697/2021, 2nd application u/S. 389(1) Cr.P.C. for
temporary suspension of sentence and grant of bail moved on behalf of
appellant-Suneel Singh Bhadauriya is taken up and considered.
Present IA has been filed for temproary suspension on sentence on
the ground of parents of sole appellant being old and ailing.
2 CRA-922-2021
Report submitted by CBI dated 13.08.2021 reveals that parents of
appellant are old and bedridden. The yonger brother of appellant who lives
with parents does not take care of them and he is a habitual drunkard.
In view of above and looking to the fact that there is no
likelihood of early disposal of appeal in near future, this court, without
entering into merits of the case, is inclined to grant interim suspension of
sentence to sole appellant-Suneel Singh Bhadauriya for a period of 60
days so that appellant can make arrangement for treatment of his parents.
Accordingly, without expressing any opinion on merits,
I.A.No.21697/2021 is allowed and it is directed that sole appellant-
Suneel Singh Bhadauriya be released on interim bail for a period of 60
(Sixty) days from the date of release, subject to his furnishing bail bond of
Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of
the like amount to the satisfaction of concerned CJM provided that
amount of fine has been deposited by sole appellant-Suneel Singh
Bhadauriya.
It is further directed that sole appellant-Suneel Singh
Bhadauriya shall surrender before the concerned Magistrate on 1st
December, 2021.
The learned concerned CJM/Magistrate and the prosecution are
directed to ensure following of Covid-19 precautionary protocol
prescribed from time to time by the Supreme Court, the Central Govt. and
as well as the State Govt during release, travel and residence of sole
appellant- Suneel Singh Bhadauriya during period of suspension of
sentence as a consequence of this order.
3 CRA-922-2021
The intimation regarding surrender by sole appellant- Suneel
Singh Bhadauriya be furnished to the Registry of this Court by the
concerned Magistrate.
Appellant is directed to file requisite documents to show that his
parents have taken treatment during the interregnum period before the
next date of hearing.
A copy of this order be sent to the Court concerned for
information.
List in the week commencing 6th December, 2021 to verify the
factum of surrender.
(Sheel Nagu) (Rajeev Kumar Shrivastava)
Judge Judge
ojha
YOGENDR
A OJHA
2021.10.0
1 17:50:46
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