Jagdish vs The State Of Madhya Pradesh
2023 Latest Caselaw 4261 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 3670 of 2023
                                                (JAGDISH Vs THE STATE OF MADHYA PRADESH)

                          Dated : 17-03-2023
                                Shri Satish Mahadeo Dagaonkar, learned counsel for the appellant.

                                Shri Ranjeet, Govt. Advocate for the respondent/State.

Heard on the question of admission.

The present appeal appears to be arguable. Criminal Appeal filed under Section 374 of the Code of Criminal

Procedure, 1973 is admitted for final hearing.

Also heard on IA No.3681/2023, first application under Section 389 (1) of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of the appellant.

T he present appellant has been convicted for commission of offence punishable under Section 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 and also under Sections 120-B, 218, 466 and 471 of Indian Penal Code, 1860 and sentenced to undergo three years rigorous imprisonment and fine amount of Rs.5,000/- on each count along with default

stipulation by learned Special Judge (under PC Act), Indore, District Indore (MP) in Special Sessions Trial No.08/2015 vide judgment dated 31.01.2023.

Learned counsel for the appellant submits that the appellant has been falsely implicated in this case. Learned trial Court has not properly appreciated the evidence available on record and material omissions and contradictions have been overlooked. Learned trial Court has already suspended the jail sentence up to 31.03.2023. The appellant has fair chance to success in this appeal and if the jail sentence is not suspended, the application may be rendered infructuous. Signature Not Verified Signed by: VARSHA SINGH Signing time: 3/17/2023 7:01:52 PM

He, therefore, prays for grant of suspension of sentence and release the appellant on bail.

On the other hand, learned Government Advocate appearing for the respondent/State prays for rejection of the application.

In view of the aforesaid facts and circumstances of the case, I find it to be a fit case to suspend the custodial sentence of the appellant.

Accordingly, without expressing any opinion on merits of the case, IA No.3681/2023 is allowed, subject to depositing the fine amount, if not already deposited with the trial Court and it is directed that on furnishing a personal bond by the appellant in the sum of Rs.30,000/- (Rupees thirty thousand

only) with a solvent surety in the like amount to the satisfaction of the learned trial Court, for his/ her regular appearance before the Registry of this Court, the execution of the custodial part of the sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal.

The appellant, after being enlarged on bail, shall mark his/her presence before the Registry of this Court on 21.04.2023 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

Let the record of the case from the concerned trial Court be requisitioned.

Let the matter be listed for final hearing in due course along with connected criminal appeal(s).

Certified copy as per rules.

(VIVEK RUSIA) JUDGE

VS

Signature Not Verified Signed by: VARSHA SINGH Signing time: 3/17/2023 7:01:52 PM

Signature Not Verified Signed by: VARSHA SINGH Signing time: 3/17/2023 7:01:52 PM