Madhya Pradesh High Court
Akhtar Khan Gauri vs The State Of Madhya Pradesh on 4 July, 2022
Author: Nandita Dubey
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 4418 of 2022
(AKHTAR KHAN GAURI Vs THE STATE OF MADHYA PRADESH)
Dated : 04-07-2022
Shri Shailendra Dwivedi, learned counsel for the appellant.
Shri Rohit Raghuwanshi, learned counsel for the respondent/Lokayukta.
I.A. No.11746/2022, an application for taking additional documents on record is
allowed.
The documents are taken on record.
Appeal seems to be arguable, hence it is admitted for final hearing.
Also heard on I.A.No.8439/2022, which is an application under Section 389(1)
of Cr.P.C. for suspension of sentence and grant of bail to the appellant.
This appeal has been filed under Section 374(2) of Cr.P.C. against the judgment
of conviction dated 29.04.20222 passed by Special Judge, Prevention of Corruption
Act, Bhopal in SPL ST Lok 72/2016, whereby learned Special Judge found the appellant
guilty for the offence punishable under Sections 420 r/w section 120-B of IPC and
sentenced him to undergo R.I. for 3 years with fine of Rs.2000/- with default clause.
Learned counsel for the appellant submits that appellant has falsely been
implicated in the offence. There is no evidence on record against him that he has
prepared any forged document. The trial Court without appreciating the evidence on
record has convicted and sentenced him as aforestated. It is further pointed out that the
appellant was on bail during trial and has not misused the liberty and sentence has been
suspended by the trial Court till 05.07.2022. He has further relied on the decision of
the Supreme Court in the case of Bhagwan Rama Shinde Gosai Vs. State of Gujrat
(1999) 4 SCC 421 and N. Ramamurthy Vs. State of Central Bureau of
Investigation, A.C.B., Bengaluru, 2019 Cri.L.J. 2929. Hence, prayed for suspension
of the jail sentence and release of the appellant on bail since the hearing of this appeal
Signature Not Verified
SAN
will take time.
Digitally signed by BHARTI GADGE
Date: 2022.07.04 17:51:54 IST
Considering the facts and circumstances of the case and short sentence awarded
t o the appellant and the fact that hearing of this appeal will take 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 15.12.2022 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.
Certified copy as per rules.
(NANDITA DUBEY)
JUDGE
b
Signature Not Verified
SAN
Digitally signed by BHARTI GADGE
Date: 2022.07.04 17:51:54 IST
