Citation : 2022 Latest Caselaw 8122 MP
Judgement Date : 20 June, 2022
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 3365 of 2022
(YOGENDRA NATH PATHAK AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 20-06-2022
Shri Ghanshyam Pandey, Advocate for the appellants.
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 Nos.6182/2022 and 6184/2022, which are applications under Section 389 of the Cr.P.C. for suspension of sentence and
grant of bail to the appellants.
The appellant No.1 has been convicted under Sections 120-B and 468 of IPC and Section 13(1)(d) read with Section 13(2)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 and appellant No.2 has been convicted under Section 120-B of I.P.C. and Section 13(1)(d) read with Section 13(2) 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 appellants submits that during the trial the appellants were on bail and have never misused the liberty granted to them. Thier sentence was suspended by the trial Court and extended by the High Court till today.
Signature Not Verified SAN Looking to the short period of sentence and the fact that the appeal is Digitally signed by SMT. GEETHA NAIR Date: 2022.06.20 16:40:08 IST going to take a long time to be finally heard, without commenting on the merits
of the case, IA Nos.6182/2022 and 6184/2022 are allowed.
Remaining jail sentence of the appellants 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) each 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 16:40:08 IST
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