Shivcharan Dandotiya vs The State Of Madhya Pradesh
2023 Latest Caselaw 9221 MP

                                    1
              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                              CRA No. 2377 of 2022
               (SHIVCHARAN DANDOTIYA Vs THE STATE OF MADHYA PRADESH)

Dated : 20-06-2023
      Mr. Prashant Sharma - Advocate for appellant.

      Mr. Ajay Kumar Chaturvedi - Advocate for the respondent - Lokayukt.

Heard on I.A.No.2305/2023, third application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant - Shivcharan Dandotia.

First application has been dismissed on merits vide order dated

30.03.2022 and second application has been withdrawn vide order dated 04.07.2022.

Appellant has been convicted by the Special Judge (Prevention of Corruption, Act), District Morena (M.P.) vide judgment dated 26.02.2022 passed in Special Case No.300008/2015 for commission of offence punishable under Section 7 of Prevention of Corruption Act and sentenced to suffer three years RI with fine of Rs.2,000/- and under Section 13 (1) (d) r/w 13 (2) of Prevention of Corruption Act and sentenced to suffer five years RI with fine of Rs.2,000/-, with default stipulation.

Learned counsel for the appellant submits that the appellant has suffered one year six months jail incarceration. This appeal is pending since 2022. There are fair chances of success of this appeal and the appeal may take long time for its conclusion, therefore, appellant cannot be kept in custody for an unlimited period. Under these circumstances, the execution of sentence be suspended and he be released on bail.

Per contra, learned counsel for the State opposes the application

supporting the impugned judgment and prays for dismissal of the present application.

Heard learned counsel for both the parties and perused the record. Having considered rival submissions and material pointed out by learned counsel for the appellant, specially the nature of the allegations alleged against the appellant, so also custody period of the appellant and also considering the fact that there is no likelihood of hearing of this appeal in near future, without expressing any opinion on merits of the case, the application is allowed and the remaining jail sentence of the appellant is suspended.

I t is directed that subject to depositing the fine amount, if already not

deposited, appellant shall be released on bail on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with separate solvent surety in the like amount to the satisfaction of Trial Court, for his appearance before the Registry of this Court firstly on 22.08.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A.is allowed.

C.C. as per rules.

(SATYENDRA KUMAR SINGH) JUDGE

bj/-

BARKHA Digitally signed by BARKHA SHARMA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya

SHARM Pradesh, 2.5.4.20=3e36b1b2d6eed9536d1b38ba570 a4828b594cc6ef332778d1c7ede28eab061c 3, pseudonym=7368F8C45E320EAB489D20D

A E1465D83541AEB193, serialNumber=A299B1E2B57EB3E79D641A E7355F675DC1134B3CA8912AA7A3F8AAB DF66804A6, cn=BARKHA SHARMA Date: 2023.06.20 14:42:12 +05'30'