Rajendra Vanshkar vs The State Of Madhya Pradesh
2023 Latest Caselaw 11334 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                       CRA No. 2445 of 2022
                                            (RAJENDRA VANSHKAR Vs THE STATE OF MADHYA PRADESH)

                            Dated : 20-07-2023
                                  Shri Vijay Kumar Jha, learned counsel for the appellant.

                                  Shri Ajay Kumar Chaturvedi, learned counsel for the respondent.

Heard on IA.No.12271 of 2023, third application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant. First application was rejected by co-ordinate Bench of this Court vide order dated 20.06.2022 with liberty to revive the prayer after undergoing half of

the jail sentence. Second application was dismissed as withdrawn by this Court vide order dated 20.04.2023 in CRA No.2445/2022.

Vide judgment dated 25.02.2022 passed by Special Judge, Prevention of Corruption Act Datia, in Special Case No.4/2017 appellant has been convicted under Section Section 7 of P.C.Act and Section 13(1)(d) read with Section 13(2) of Prevention of Corruption Act and maximum sentenced to undergo 4 years RI with maximum fine of Rs.2,000/-.

Allegation against the appellant is of asking for Rs.2,000/- as against making demarcation.

Learned counsel for the appellant submits that during trial appellant was o n bail, but he did not misuse the liberty so granted. Appellant has already suffered incarceration of about seventeen months. After including remission he must have undergone the total jail sentence of one year 8 months 23 days approximately. Learned counsel for the appellant had produced the order of co- ordinate Bench of this Court (Shri Justice G.S.Ahluwalia) dated 27.07.2022 passed in CRA No.577/2021, in which also earlier liberty was granted to the Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 7/21/2023 10:04:49 AM

appellant to file the application after undergoing of half of jail period. Amount of fine has been deposited by him. The appellant has a good case on merits and hearing of the appeal will take time. Hence, prayed for suspension of jail sentence and grant of bail.

Learned counsel for the State opposed the application and prayed for its rejection.

Considering the facts and circumstances of the case coupled with the fact that as per claim of the appellant he has already undergone approximately half of the jail sentence including the remission, IA is allowed. Subject to verification as to whether the appellant has undergone the jail sentence of two

years with remission, it is directed that jail sentence of appellant will remain under suspension subject to verification that amount of fine has been deposited, on appellant's furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for appearance before the Principal Registrar of this Court on 18th December, 2023 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.

Needless to mention here that in case it is found that the appellant not undergone half of the jail sentence including remission then this order shall automatically lose its effect.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 7/21/2023 10:04:49 AM

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 7/21/2023 10:04:49 AM