Madhya Pradesh High Court
Devendrasingh Parihar vs The State Of Madhya Pradesh on 21 September, 2021
Author: Vivek Rusia
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CRA No.2355/2021
HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
(SINGLE BENCH : HON. Mr. JUSTICE VIVEK RUSIA)
CRA No. 2355 of 2021
(Devendrasingh Parihar V/s. State of M.P.)
Date: 21.09.2021 :
Appellant by Shri Ajay Bagadiya, Advocate.
Respondent by Shri Vaibhav Jain, Advocate.
Heard on I.A. No.21977/2021, an application for suspension of
custodial sentence.
Being aggrieved by the judgment dated 27.3.2021 Special Judge
(Prevention of Corruption Act), Ujjain whereby the appellant has been
convicted for the offence/s punishable u/s. 7, 13(1)(d) read with 13(2)
of the Prevention of Corruption Act and sentenced to undergo 4-4
years RI and to pay fine of Rs.5,000-5000/- with default stipulation,
the present appeal has been filed.
Learned counsel for the appellant submits that the appellant has
been falsely implicated in the offence. He has every hope of success
in this appeal as he has neither demanded nor received any bribe from
the complainant. He is in custody since the date of judgment i.e.
27.3.2021. There are contradictions and omissions in the judgment.
There is no likelihood of early disposal of the appeal in near future,
hence the application 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 motu Writ Petition (Civil)
No.01/2020.
Learned counsel for the respondent opposes the prayer and prays
for its rejection.
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 he
is in custody since last ten months and there is no likelihood of early
disposal of the appeal in near future. The entire order is reproduced
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CRA No.2355/2021
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.
In view of the above, the application is 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.1,00,000/- (Rupees One Lakh) with one solvent surety in the like
amount to the satisfaction of the trial Court for his appearance before
the Registry of this Court, the execution of custodial part of the
sentence shall remain suspended till the final disposal of this appeal.
The appellant after being released on bail shall mark his presence
before the Registry of this Court on 31.01.2022 and on all such
subsequent dates, as may be fixed in this behalf by the Registry during
the pendency of this appeal.
Before releasing the appellant from the custody, the Jail
Authorities are directed to medically examine him 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. I.A.
Nos 21977/2020 and 7643/2021 accordingly stand disposed of.
List the matter for final hearing in due course.
( VIVEK RUSIA )
JUDGE
Alok/-
Digitally signed by ALOK GARGAV
Date: 2021.09.21 18:46:17 +05'30'
