Citation : 2022 Latest Caselaw 13748 MP
Judgement Date : 18 October, 2022
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 7979 of 2022
(RAJENDRA SINGH Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 18-10-2022
Shri Girish Shrivastava, learned counsel for the appellant.
Shri L.A.S. Baghel, learned Deputy Government Advocate for the
respondent/State.
Heard on the question of admission.
This appeal is admitted for final hearing.
Also heard on I.A. No.17085/2022 which is an application for
suspension of sentence and grant of bail to the appellant.
Vide impugned judgment dated 23.08.2022, the appellant has been convicted for the offence punishable under Section 12 of the Prevention of Corrupt Act and sentenced thereunder to suffer R.I. for three years with fine of Rs.5,000/- with default stipulation.
Learned counsel for the appellant submits that in pursuance to interim relief granted by this Court, sentence awarded to the appellant remained suspended for a period of 30 days which is going to be ended today itself. He submits that during that period, the appellant has not misused the liberty granted
by this Court. He further submits that the appellant is ready to abide by the conditions imposed by the Court, if bail is granted to him. He further submits that the final hearing of the appeal would take time and if the appellant remains in jail, the purpose of filing this appeal would be frustrated, therefore, he prays that the remaining jail sentenced awarded to the appellant may be suspended and he may be enlarged on bail.
On the other hand, learned Panel Lawyer submits that considering the
nature of offence, the appellant is not entitled to be released on bail.
Considering the arguments advanced by learned counsel for the parties and on perusal of the record, I am inclined to enlarge the appellant on bail. Therefore, without commenting anything on merits, I.A. No.17085/2022 is allowed.
It is directed that on appellant's depositing the entire fine amount (if not deposited) as also furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 09.01.2023 and on all such subsequent dates as may be fixed in this
regard, sentence of imprisonment awarded to the appellant shall remain suspended and he shall be released on bail, if not required to be detained in any other case.
Certified copy as per rules.
(SANJAY DWIVEDI) JUDGE
rao SATYA SAI RAO 2022.10.18 18:48:10 +05'30'
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