Madhya Pradesh High Court
Vikas Bansal vs Central Bureau Of Investigation on 25 January, 2023
Author: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRR No. 4130 of 2022
(VIKAS BANSAL Vs CENTRAL BUREAU OF INVESTIGATION)
Dated : 25-01-2023
Shri Manoj Munshi with Shri Hemant Bassi - Advocate for the
applicant.
Shri Himanshu Joshi - Advocate for respondent.
Record of both the Courts below has been received.
Heard on the question of admission.
The revision is admitted for final hearing.
Heard on I.A. No.14017/2022, which is first application under Section
397(1) of Cr.P.C. for grant of bail and suspension of remaining jail sentence.
The applicant has been convicted vide order dated 20/10/2015 passed in
Special Criminal Case No.12/205 by Chief Judicial Magistrate, Indore (M.P.)
under Section 420 and 120-B of the IPC and has been sentenced to undergo 03
years RI with fine of Rs.5,000/- and 01 year RI with fine of Rs.2,000/-
respectively with usual default stipulation. The order of conviction and sentence
has been affirmed by the Special Judge, CBI, Indore v i d e order dated
08/07/2022 passed in Criminal Appeal No.859/2015.
Learned counsel for the applicant submit that applicant is an innocent
person and he has been falsely implicated in this matter. During the trial
applicant remained on bail and he has not misused the liberty granted to him.
After passing the judgment by the First Appellate Court he has surrendered
before the trial Court and as per order dated 15/11/2022 he has been taken into
custody. There are material contradictions and omissions in the statement of the
witnesses. Looking to old pendency of the cases for consideration, final
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 1/25/2023
3:51:20 PM
conclusion of this revision would take sufficient long time. There is a strong
case in favour of the applicant. Hence, the execution of the remaining part of the
jail sentence of the applicant be suspended till the final disposal of this revision.
Per contra, learned counsel for the respondent / CBI opposes the
application for suspension of sentence and prays for its rejection by submitting
that both the Courts below have rightly convicted the applicant after due
appreciation of evidence and there is a strong case in favour of the respondent.
Hence, application for suspension of sentence is liable to be rejected.
Considering all the facts and circumstances of the case, nature of the
allegation levelled against the applicant and also taking note of the fact that
applicant was on bail during the trial; there is no complaint that he has misused
the liberty granted to him; applicant is in jail after the judgment of the First
Appellate Court and final conclusion of the revision will also take sufficient long
time. In view of the aforesaid facts and circumstances of the case, I find it is to
be a fit case to suspend the remaining custodial sentence of the applicant.
Accordingly, I.A.No.14017/2022 is allowed and it is directed subject to
deposit of fine any amount, if not already deposited, and subject to furnishing
personal bond by the applicant in the sum of Rs.75,000/- (Rupees Seventy
Five Thousand Only) with separate solvent surety in the like amount to the
satisfaction of learned trial Court, the execution of remaining custodial part of
the sentence of the applicant shall remain suspended, till final disposal of this
revision.
The applicant after being enlarged on bail shall mark his presence before
the Registry of this Court on 20/06/2023 and on all such subsequent dates,
which are fixed in this behalf.
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 1/25/2023
3:51:20 PM
Registry is directed to list the revision for final hearing in due course.
Certified copy today itself.
(ANIL VERMA)
JUDGE
Tej
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 1/25/2023
3:51:20 PM
