Kishorilal Upadhyay vs The State Of Madhya Pradesh Thru. ...
2023 Latest Caselaw 12307 MP

                                                             1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                     CRA No. 1002 of 2016
                            (KISHORILAL UPADHYAY AND OTHERS Vs THE STATE OF MADHYA PRADESH THRU. LOKAYUKT)

                         Dated : 02-08-2023
                                Shri Sudeep Bhargava, learned counsel for the appellant.

                                Shri Vaibhav Jain, learned counsel for the respondent.

Heard on I.A. No.7070/2023, which is an application for stay of the impugned judgment.

The appellant No.1 has been convicted under Section 7 and 13(1)(d) with

Section 13 (2) of Prevention of Corruption Act and sentenced to undergo 1 R.I. year and 2 R.I. years with fine of Rs.3000/- and Rs.5000/- with default stipulation.

Vide order dated 10.08.2016, the jail sentence of appellant has already suspended long back. Now the appellant No.1 has filed application seeking suspension of conviction on the ground that he has been falsely been implicated in this case Section 7 and 13(1)(d) with Section 13 (2) of Prevention of Corruption Act and at the same time another criminal case was registered against him under Section 353 of IPC in which he has been acquitted. He has

prima facie case in this Criminal Appeal and he hopes to get success, therefore, conviction may be stayed.

Government Advocate opposes the prayer by submitting that in case of K.C. Sareen Vs. CBI (2001) 6 SCC 584 has held that in case of Prevention of Corruption Act Act the Sessions Court as well as High Court should not have stayed. There is no exceptional circumstances in this case warranting stay of conviction after more than 5 years of date of judgment. The appellant is already out of employment.

Signature Not Verified Signed by: PRAVEEN Signing time: 03-08-

2023 18:42:02

In view of law laid down by the Apex Court in case of K.C. Sareen (supra) no case is made out for stay of conviction. Accordingly, I.A. No.7070/2023 is dismissed.

(VIVEK RUSIA) JUDGE

Praveen

Signature Not Verified Signed by: PRAVEEN Signing time: 03-08-

2023 18:42:02