Bhaskar Shrivastava vs The State Of Madhya Pradesh
2022 Latest Caselaw 6095 MP

                                                                           1
                                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                                 AT JABALPUR
                                                                    CRA No. 2238 of 2022
                                                       (BHASKAR SHRIVASTAVA Vs THE STATE OF MADHYA PRADESH)

                                      Dated : 25-04-2022
                                            Shri S.K. Kushwaha, learned counsel for the appellant.

                                            Shri Satyam Agrawal, learned counsel for the respondent-Lokayukta.

Heard on the question of admission.

Appeal seems to be arguable, hence it is admitted for final hearing. Also heard on I.A.No.3947/2022, which is an application under Section 389(1) of Cr.P.C. for suspension of the custodial sentence passed against

appellant Bhaskar Shrivastava.

This appeal has been preferred against the judgment dated 25.02.2022 passed by Special Judge, (Prevention of Corruption) Act, Seoni (M.P.) in Special Case SC LOK No.02/2017 whereby learned Special Judge found the appellant guilty for the offence punishable under Sections 7 & 13(1)(D) read with 13(2) of the Prevention of Corruption Act and sentenced him to undergo R.I. for three years with fine of Rs.2,000/- and sentenced him to undergo R.I. for 4 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 judgment i.e. 25.02.2022. 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, therefore, learned trial Court has rightly convicted and sentenced the appellant.

This Court has considered the respective submissions made by the parties Signature Not Verified SAN 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 Digitally signed by RANJEET AHIRWAL Date: 2022.04.25 17:37:41 IST

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 25.02.2022 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 22/08/2022 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.

(RAJEEV KUMAR DUBEY) JUDGE Signature Not Verified SAN

Digitally signed by RANJEET AHIRWAL Date: 2022.04.25 17:37:41 IST (ra)