Jai Prakash Rathore vs The State Of Madhya Pradesh
2023 Latest Caselaw 2088 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        CRA No. 645 of 2023
                                           (JAI PRAKASH RATHORE Vs THE STATE OF MADHYA PRADESH)

                           Dated : 06-02-2023
                                 Shri Vivek Singh, learned counsel for the appellant.

                                 Shri Vaibhav Jain, learned counsel for the respondent.

Heard on the question of admission.

Admit.

Heard on IA No.441/2023, which is first application under Section 389(1)

of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of the appellant.

This appeal is filed by the appellant being aggrieved by the judgment dated 13.12.2022 passed by learned Special Judge (Prevention of Atrocities) Act, Mandsaur in Special Sessions Case No.SC LOK 03/2017 whereby the appellant has been convicted for the offence under Section 13 (1) (D)(2)/13(2) of Prevention of Corruption Act read with section 120-B of the IPC and sentenced to four years R.I. with fine of Rs.20,000/- with default stipulation.

Learned counsel for the appellant submits so far the appellant is

concerned he was accompanying accused Ravi Acharya. The complainant is said to have given tainted money to Ravi Acharya and he handed over it to the present appellant and he kept the money in his pocket. Immediately the member of the trap team approached there and apprehended the present appellant and Ravi Acharya ran away from the spot. He further submits that the entire demand and acceptance is by Ravi Acharya. The present appellant had nothing to do with the entire demand and acceptance. He has innocently kept the money in his pocket and has been trapped. He was on bail during trial and he did not Signature Not Verified Signed by: REENA JOSEPH Signing time: 06-02-2023 17:48:27

misused the liberty granted to him, recently his daughter committed suicide and his wife is under depression and no one is in the family to look after her. The ingredients of Section 120-B of IPC is not attracted. He has been convicted with the aid of Section 120-B of IPC and final hearing of this appeal will take sufficient long time. Hence, prays for suspension of sentence and grant of bail to the appellant.

Learned Government Advocate opposes the application and prays for its rejection.

Considering the facts and circumstances of the case and the arguments advanced by the counsel for the parties and there is no likelihood of early

hearing of this appeal in near future, t h e application (I.A.No.441/2023) is allowed.

It is directed that the jail sentence of the appellant shall remain suspended and he be released on bail upon his depositing the fine amount (if not already deposited) and also upon furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 03.07.2023 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

List for final hearing in due course.

Accordingly, I.A.No.441/2023 stands allowed and disposed off.

(VIVEK RUSIA) JUDGE

RJ Signature Not Verified Signed by: REENA JOSEPH Signing time: 06-02-2023 17:48:27

Signature Not Verified Signed by: REENA JOSEPH Signing time: 06-02-2023 17:48:27