Govindram Rathore vs The State Of Madhya Pradesh
2023 Latest Caselaw 9072 MP

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        CRA No. 2245 of 2023
                                            (GOVINDRAM RATHORE Vs THE STATE OF MADHYA PRADESH)

                           Dated : 19-06-2023
                                 Shri Vivek Singh, learned counsel for the appellant.

                                 Shri Vaibhav Jain, learned counsel for the respondent/Lokayukt.

Heard on the question of admission.

Admit.

Heard on IA No.2062/2023, 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 25.1.2023 passed by learned Special Judge (Prevention of Atrocities) Act, Ujjain, M.P. in Special Sessions Case No.SC LOK 03/2020 whereby the appellant has been convicted for the offence under Sections 7 and 13(1) (d) read with 13(2) of Prevention of Corruption Act and sentenced to three years R.I. with fine of Rs.7,000/- and four years R.I. with fine of Rs.7,000/- respectively with default stipulation.

As per the prosecution story, this appellant was working as a In-charge Headmaster in Govt. Primary & Middle School demanded bribe, supplier of mid-day-meal. He had already received Rs.7,000/- and further demanded Rs.7,000/- at the rate of Rs.2,000/- per month for releasing the cheque amount. On that, complainant made a complaint. A trap was organized and on 04.8.2017, this appellant was caught red handed. Before conducting the trap, voice conversations were recorded between them. After undergoing the entire trial, now he has been convicted under Sections 7 and 13(1) (d) read with 13(2) Signature Not Verified Signed by: VARSHA SINGH Signing time: 20-06-2023 16:40:52

of Prevention of Corruption Act.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated by way of conspiracy by Headmaster. He has never made any demand. He has lost his job also. He is in jail since last five months and there is no likelihood of its final hearing in near future. He, therefore, prays for suspension of jail sentence and release him on bail.

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 (IA No.2062/2023) 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 12.12.2023 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, IA No.2062/2023 stands allowed and disposed off.

(VIVEK RUSIA) JUDGE

VS

Signature Not Verified Signed by: VARSHA SINGH Signing time: 20-06-2023 16:40:52