Phool Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 6375 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT INDORE
                                                         CRA No. 12652 of 2022
                                          (PHOOL SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)



                           Dated : 20-04-2023

                                  Shri Manu Maheshwari, learned counsel for the appellants.

                                  Shri Amit Rawal, learned G.A. for the respondent / State.

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Heard on I.A. No.4683/2023, which is an application under Section 389(1) of Code of Criminal Procedure, 1973 for stay of the order of conviction of appellant No.2 - Mahendra Mandloi.

The appellant has been convicted under Section 409/120B of IPC and sentenced to undergo 7 years' R.I. with fine of Rs.5,000/-, Section 13(1)(c) of Prevention of Corruption Act, 1988 and sentenced to under 4 years' R.I. with fine of Rs.2,000/- and Section 420/120B of IPC and sentenced to undergo 7 years' R.I. with fine of Rs.5,000/- with default stipulation.

Vide order dated 28.02.2023 the jail sentence has already been suspended now, the appellant is seeking suspension of conviction on the same ground.

Shri Manu Maheshwari, learned counsel for the appellants submits that this appeal is of 2023 and it will take time to come up for hearing. Because of this conviction this appellant is likely to be terminated from service. At present he is only 35 years of age with all liabilities on him. He

Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 24-04-2023 15:08:51

has been falsely implicated in this case and he is having hope to succeed in this appeal. Therefore, the jail sentence be suspended.

Learned Government Advocate for the respondent/State submits in criminal appeal against the conviction and sentence under the provisions of Section 389(1) only the jail sentence is liable to be suspended specially when the conviction is under the provisions of Corruption Act.

In case of K.C. Sareen v/s CBI [(2001) 6 SCC 584] the Apex Court has held in strong words that conviction under P.C. Act is not liable to be stated while admitting the appeal.

In view of the aforesaid judgment no case for suspension of stay of the order of conviction is made out.

With the aforesaid I.A. No.4683/2023 is hereby dismissed. Certified copy, as per the Rules.

(VIVEK RUSIA) JUDGE Divyansh

Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 24-04-2023 15:08:51