Pankaj Gupta vs Central Bureau Of Investigation
2023 Latest Caselaw 1330 MP

                                                              1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                       CRA No. 1009 of 2023
                                            (PANKAJ GUPTA Vs CENTRAL BUREAU OF INVESTIGATION)

                           Dated : 23-01-2023
                                 Shri Amol Shrivastava, learned counsel for the appellant.

                                 Ms. Ishita Agrawal, Advocate appearing on behalf of Shri Kushal
                           Goyal, learned counsel for the respondent/State.

Let the record of the Courts below be requisitioned. Heard on I.A.No.797/2023, which is first application under Section 389

of the 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 16.12.2022 passed by Special Judge, C.B.I., Indore in Special Case No.01/2009, whereby the appellant has been convicted and sentenced as under:-

FINE IF IMPRISONMENT SECTION ACT IMPRISONMENT DEPOSITED IN LIEU OF FINE DETAILS 1 Year additional 120-B IPC 3 Years R.I. Rs.10,000/-

R.I.

                                                                                1 Year additional
                                           7     P.C  3 Years R.I. Rs.10,000/-
                                                                                      R.I.
                                       13(1)(D)                                 1 Year additional
                                                 P.C. 3 Years R.I. Rs.10,000/-
                                       r/w 13(2)                                      R.I.

Learned counsel for the appellant submits that the appellant was on bail during investigation and trial and he never misused the liberty granted to him.

After conviction the trial Court has suspended the sentence of the appellant.

There is no likelihood of final hearing of this criminal appeal in near future. Co- accused Ajay Virhe has been granted the benefit of suspension vide order dated 19.01.2023 in Cr.A.No.200/2023. Hence, on the aforesaid grounds he prays for grant of suspension of sentence to the appellant. Signature Not Verified Signed by: REENA JOSEPH Signing time: 24-01-2023 14:46:25

Per contra learned counsel for the respondent opposes the application and prays for its rejection.

Considering the facts and circumstances of the case, allegations against appellant and there is no likelihood of final hearing of this criminal appeal in near future, without commenting on the merits of the case the application for suspension of sentence IA. No.797/2023 is allowed.

It is directed that subject to deposit of the fine amount, if not already deposited, with the trial Court and on furnishing personal bond in the sum of Rs.1,00,000/-(Rupees One Lakh Only) with one solvent surety in the like amount to the satisfaction of learned trial Court for his appearance before the

Registry of this Court, the execution of remaining custodial part of the sentence of the appellant shall remain suspended till final disposal of this appeal.

The appellant after being enlarged on bail shall mark his presence before the Registry of this Court on 24/04/2023 and on all such subsequent dates, which are fixed in this behalf.

With the aforesaid, IA.No.797/2023 stand disposed off.

(VIVEK RUSIA) JUDGE RJ

Signature Not Verified Signed by: REENA JOSEPH Signing time: 24-01-2023 14:46:25