Madhya Pradesh High Court
Jagdish Prasad Soni vs The State Of Madhya Pradesh on 23 October, 2021
Author: Rajeev Kumar Dubey
1 CRA-4655-2021
The High Court Of Madhya Pradesh
CRA-4655-2021
(JAGDISH PRASAD SONI Vs THE STATE OF MADHYA PRADESH)
4
Jabalpur, Dated : 23-10-2021
Heard through Video Conferencing.
Shri Anil Khare, Sr. Counsel with Shri Priyank Agrawal, learned counsel for the
appellant.
Shri Abhijeet Awasthi, Standing counsel 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.
Also heard on I.A. No.14520/2021, which is an application under Section 389(1)
of Cr.P.C. for suspension of the custodial sentence passed against appellant Jagdish
Prasad Soni.
This appeal has been preferred against the judgment dated 30/7/2021 passed by
Special Judge, (Prevention of Corruption) Act, Damoh in Special Case no.4/2015
whereby learned Special Judge found the appellant guilty for the offence punishable
under Sections 7 and 13(1)(D) read with Section 13(2) of the Prevention of Corruption
Act and sentenced him to undergo R.I. for three years and five years with fine of
Rs.10,000/- and 20,000/- respectively 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. 30/7/2021. Hence, prayed for suspension of the jail sentence and
release of the appellant on bail since the hearing of this appeal will take time.
On the other hand, learned counsel for the respondent opposed the prayer and
submitted that the guilt of the appellant was proved beyond reasonable doubt,
Signature Not Verified
SAN
therefore, learned trial Court has rightly convicted and sentenced the appellant.
Digitally signed by MONIKA CHOURASIA
Date: 2021.10.23 17:20:42 IST
2 CRA-4655-2021
This Court has considered the respective submissions made by the parties and
perused the impugned judgment passed by the trial Court. The maximum sentence of
imprisonment awarded to the appellant is only four 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 30/7/2021 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 21/12/2021 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
Digitally signed by MONIKA CHOURASIA
Date: 2021.10.23 17:20:42 IST
3 CRA-4655-2021
(RAJEEV KUMAR DUBEY)
JUDGE
m/-
Signature Not Verified
SAN
Digitally signed by MONIKA CHOURASIA
Date: 2021.10.23 17:20:42 IST
