Madhya Pradesh High Court
Amit Sachan vs Central Bureau Of Investigation on 4 December, 2023
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 14547 of 2023
(AMIT SACHAN Vs CENTRAL BUREAU OF INVESTIGATION)
Dated : 04-12-2023
Shri Abhishek Parashar - Advocate for the appellant.
Shri Ravi Choudhary- Advocate for the respondent/CBI.
Despite time granted on 22/11/2023, reply to I.A. No.21332/2023 has not
yet been filed by learned counsel for respondent/CBI.
Learned counsel for respondent/CBI prays for a week's further time to
file reply to I.A. No.21332/2023.
Learned counsel for appellant submits that appellant so far has already
suffered incarceration of 10 months during trial. The trial Court has already
suspended the jail sentence of present appellant till 7/12/2023. If hearing on the
said application is deferred for want of reply, the applicant's personal liberty
shall be seriously jeopardized. Hence, prays for consideration of the said
application for suspension of sentence.
In view of above, this Court declines to grant further time to learned
counsel for respondent/CBI to file reply.
Heard on IA.21332/2022, first application under Section 389(1) Cr.P.C.
for suspension of sentence and grant of bail moved on behalf of sole appellant-
Amit Sachan.
Appellant-Amit Sachan stood convicted under Sections 120-B of IPC
and sentenced to undergo RI for Three Years with a fine of Rs.1,000/-, with
default stipulation vide judgment of conviction and order of sentence dated
7/11/2023 passed by Special Judge (CBI) and XII Additional Sessions Judge,
District Gwalior (M.P.) in S.C.(CBI) No.19/2017.
Prosecution story as found proved against the present appellant is that on
30/09/2012, applicant Amit Sachan hatched criminal conspiracy to get one
Jitendra Singh Mourya selected in Police Constable Examination of the year
2012.
Learned counsel for appellant submits that appellant is innocent and has
been falsely implicated. The conviction is based on surmises and conjectures
and suffers from patent perversity. Appellant remained in jail for 10 months
during trial. Further jail incarceration in the company of hardened criminals shall
seriously jeopardize his life and family. The incident is of 2012 and the
impugned judgment has been passed in the year 2013 at a distance of 10 years.
The present appellant is alleged to be a middleman who made the payment to
the solver through his mobile phone. The appellant was on bail during trial and
he has not misused the liberty and the trial Court has already suspended the jail
sentence of appellant till 7/12/2023. The appeal is of the year 2023 and there is
no likelihood of early hearing of the appeal in near future. Under similar
circumstances, this Court has already granted suspension of sentence to
accused persons. On these grounds, learned counsel prays that execution of
the jail sentence of appellant may be suspended during pendency of the present
appeal and he may be enlarged on bail.
P e r contra, Shri Chaoudhary, learned counsel for respondent/CBI
opposes the application with submission that appellant had indulged in a
fraudulent activity in the matter of competitive examination for recruitment of
Police Constables. Such activity is against the society. It is further submitted
that present applicant's complicity is at writ large in view of the finding yet
based on cogent evidence and critical evaluation of thereof. Hence, no
exception may be taken in the matter of grant of benefit of suspension of
sentence to present appellant.
Upon hearing learned counsel for the parties, though this Court refrains
from commenting upon rival contentions so advanced touching merits of the
case, but regard being had to facts that appellant with no criminal antecedents
has already undergone 10 months of jail incarceration during trial, the alleged
incident is of the year 2012 and the impugned judgment has been passed in the
year 2023 at a distance of more than 10 years and there is no likelihood of early
hearing of the appeal in near future coupled with the facts that the trial Court has
already suspended the jail sentence of appellant till 7/12/2023 and in similar
cases, this Court has taken the constant view for suspension of sentence, in the
obtaining facts and circumstances, the present appellant is held entitled for
suspension of jail sentence and grant of bail.
Consequently, I.A. No.21332/2023 is hereby allowed. Accordingly, it
is directed that the jail sentence of present appellant - Amit Sachan shall
remain suspended and he be released on bail on his furnishing a personal bond
in the sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with one solvent
surety in the like amount to the satisfaction of the trial Court subject to
verification of factum regarding deposit of fine amount.
Appellant i s directed to appear before the Registry of this Court on
16/02/2024 and on other subsequent dates as may be fixed in this behalf with
t h e condition that appellant shall mark his attendance before the concerned
police Station on 2nd and 4th Saturday of every month between 10 am to 12
noon.
Observations on facts, if any, are only for the purpose of deciding the
instant I.A. and shall have no bearing on the merits of the appeal.
Certified copy as per rules.
(ROHIT ARYA) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
(Dubey)
