Madhya Pradesh High Court
Shyamlal Kori vs The State Of M.P. on 22 October, 2021
Author: Rajeev Kumar Dubey
1 CRA-4916-2021
The High Court Of Madhya Pradesh
CRA-4916-2021
(SHYAMLAL KORI Vs THE STATE OF M.P.)
2
Jabalpur, Dated : 22-10-2021
Heard through Video Conferencing.
Shri Arunodaya Singh, learned counsel for the appellant.
None for the respondent-Lokayukta.
Record has been received.
Heard on the question of admission.
Appeal seems to be arguable, hence it is admitted for final hearing.
Als o heard on I.A. No.15171/2021, which is an application under
Section 389(1) of Cr.P.C. for suspension of the custodial sentence passed
against appellant Shyamlal Kori.
This appeal has been preferred against the judgment dated 10/8/2021
passed by Special Judge, (Prevention of Corruption) Act, Rewa in Special
Case no.2/2017 whereby learned Special Judge found the appellant guilty for
the offence punishable under Section 13(1)(D)(1) read with Section 13(2) of
the Prevention of Corruption Act and sentenced him to undergo R.I. for four
years with fine of Rs.2,000/- with default clause.
Learned counsel for the appellant submitted that learned trial Court
without appreciating the evidence properly, wrongly convicted the appellant
for the aforesaid offences. From the prosecution evidence demand of bribe is
not proved. Even the acceptance of bribe is also not proved. There are
several omissions and contradictions in the evidence adduced by the
prosecution. Appellant is in custody since the date of his judgment i.e.
10/8/2021. Hence, prayed for suspension of the jail sentence and release of
the appellant on bail since the hearing of this appeal will take time.
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 is only four
Digitally signed by MONIKA CHOURASIA
Date: 2021.10.22 17:24:51 IST
2 CRA-4916-2021
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 that
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 when on bail during the trial,
and the fact that appellant is in custody since 10/8/2021 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 the appellant 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 22/12/2021 and on such further dates as may be
fixed in this behalf by the Registry during the pendency of this appeal.
List the matter for final hearing in due course.
C.C. as per rules.
Signature Not Verified
SAN
(RAJEEV KUMAR DUBEY)
Digitally signed by MONIKA CHOURASIA
Date: 2021.10.22 17:24:51 IST
3 CRA-4916-2021
JUDGE
m/-
Signature Not Verified
SAN
Digitally signed by MONIKA CHOURASIA
Date: 2021.10.22 17:24:51 IST
