Santosh Kumar Niranjan vs The State Of Madhya Pradesh
2021 Latest Caselaw 6197 MP

Cri.Appeal No. 3085/2021 Santosh Kumar Niranjan vs. State of MP

Gwalior, 29.09.2021 Heard through hybrid system of physical/virtual hearing. Shri Atul Gupta, learned counsel for the appellant. Shri Ajay Chaturvedi, learned counsel for the State. This Criminal appeal assails the judgment dated 13.3.2021 passed in SC LOK No. 02/2017 by Special Judge (Prevention of Corruption Act) Datia, whereby appellant-Santosh Kumar Niranjan has been convicted as under :

Section Act Imprisonment Fine Imprisonment in lieu of fine 7 PC Act 3 years RI 6000/- Three Months RI 13(1)(d) PC Act 4 years RI 6000/- Six Months RI / 13(2) Heard on I.A.No.24018/2021, second application under Section 389(1) of CrPC for suspension of sentence moved on behalf of appellant-Santosh Kumar Niranjan is considered on merits and learned counsel for the rival parties are heard.

The appellant has been convicted as aforesaid for the offence of accepting illegal gratification. The appellant is said to have been trapped and the tainted money was recovered from him. Phenolphthalein solution is also said to have turned pink on dipping of the appellant's fingers in it.

Learned counsel for the appellant submits, by relying upon the decision of the Apex Court in the case of B.Jayaraj Vs. State of A.P., (2014) 13 SCC 55, that when the complainant has not supported the case of the prosecution, as is the case in hand, the offence of illegal gratification under Prevention of Corruption Act cannot be sustained Cri.Appeal No. 3085/2021 Santosh Kumar Niranjan vs. State of MP

even if the tainted money is recovered from the accused.

In view of above and considering the fact that the appellant has suffered incarceration for about four months and he is about 52 years old, this Court in view of the fact that the appeal will take a long time to come up for final hearing is inclined to grant bail to the appellant, by way of suspension of sentence.

Accordingly, without expressing any opinion on the merits, I.A. No. 24018/2021 is allowed and it is directed that the jail sentence of appellant Santosh Kumar Niranjan will remain under suspension subject to the verification that the amount of fine has been deposited, on the appellant's furnishing bail bond of Rs.1,00,000/- (Rupees One Lac only) with two solvent sureties in the like amount to the satisfaction of the concerned CJM, for appearance of appellant Santosh Kumar Niranjan before the concerned CJM on 22.03.2022 and on such further dates as may be fixed by him which shall be of frequency of not less than once a year.

In case, appellant Santosh Kumar Niranjan is found absent on any date fixed by the concerned C.J.M. then the said C.J.M. shall be free to issue and execute warrant of arrest for securing his presence without first referring the matter to this Court, provided the Registry of this Court is kept informed.

C.c. as per rules.

(Sheel Nagu) Judge

(yog)

YOGESH VERMA 2021.09.30 VALSALA VASUDEVAN 2018.10.26 15:14:29 -07'00' 12:05:35 +05'30'