Subhash Dubey vs The State Of Madhya Pradesh
2022 Latest Caselaw 8121 MP

                                                                            1
                                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                                  AT JABALPUR
                                                                      CRA No. 3135 of 2022
                                                           (SUBHASH DUBEY Vs THE STATE OF MADHYA PRADESH)

                                       Dated : 20-06-2022
                                                Shri Manish Datt, learned Senior Advocate with Shri Kunal Dubey,

                                       Advocate for the appellant.
                                                Shri Satyam Agrawal, learned counsel for respondent/S.P.E. Lokayukt.

Heard on admission.

The appeal seems to be arguable, hence admitted for final hearing. Also heard on IA No.5767/2022, which is an application under Section

389 of the Cr.P.C. for suspension of sentence and grant of bail to the appellant.

The appellant has been convicted under Sections 420 and 468 of IPC and Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act and sentenced to undergo three years' R.I. and fine of Rs.2,000/- under each section, with default stipulations in SC LOK No.7/2013 by First Additional Sessions Judge and Special Judge (P.C. Act), Bhopal vide judgment dated 26.03.2022.

Learned counsel for the appellant submits that during the trial the

appellant was on bail and has never misused the liberty granted to him. His sentence was suspended by the trial Court and extended by the High Court till today.

Looking to the short period of sentence and the fact that the appeal is going to take a long time to be finally heard, without commenting on the merits Signature Not Verified SAN of the case, IA No.5767/2022 is allowed. Digitally signed by SMT. GEETHA NAIR Date: 2022.06.20 16:40:07 IST Remaining jail sentence of the appellant is hereby suspended subject to

depositing the fine amount and furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned, with a further direction to appear before the Registry of this Court firstly on 15 December, 2022, and also on such other dates as may be fixed by the Registry in this regard during pendency of this appeal.

List the appeal for final hearing in due course alongwith Cr.A. No.3134/2022.

Certified copy as per rules.

(NANDITA DUBEY) JUDGE

gn

Signature Not Verified SAN

Digitally signed by SMT. GEETHA NAIR Date: 2022.06.20 16:40:07 IST