Gajendra Shrivastava vs The State Of Madhya Pradesh
2023 Latest Caselaw 4371 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 1035 of 2023 (GAJENDRA SHRIVASTAVA Vs THE STATE OF MADHYA PRADESH)

Dated : 20-03-2023 Shri Shashank Upadhyay - Advocate - for appellant

Shri Alok Agnihotri - Dy.G.A - for State

Heard on the question of admission.

One of the appeal arising out of the same judgment which is subject matter of this appeal has already been admitted and that appeal is Criminal

Appeal No.296/2023, therefore, this appeal is also admitted for hearing.

Also heard on I.A.No.2023/2023, application for suspension of sentence and grant of bail to the appellant.

The appellant has been convicted under Section 13(1)(D) read with Section 13(2) of Prevention of Corruption Act, 1988 and sentenced to undergo RI for three years and fine of Rs.10,000/-with default stipulation and under 420 read with Section 120-B of IPC and sentenced to undergo RI for three years with fine of Rs.5,000/-with default stipulation, under Section 467 of IPC and sentenced to undergo RI for four years and fine of Rs.10,000/- with default

stipulation and under Section 468 of IPC and sentenced to undergo RI for two years and fine of Rs.5,000/- with default stipulation.

Counsel for the appellant submits that the findings given by the court below is not proper because court has not considered the material fact of the matter and not appreciated the evidence adduced by the prosecution properly. He submits that the present appellant is in jail and one of the appellant facing almost same allegation and convicted for the same period is granted bail by this Court, therefore, present appellant is also entitled to get the same benefit. Signature Not Verified Signed by: SUSHMA KUSHWAHA Signing time: 3/21/2023 7:31:03 PM

Counsel for State on the other hand has opposed the application. Considering the aforesaid and to maintain parity, without commenting anything on the merits of the case, I am inclined to allow the application for suspension of sentence and grant of bail to the applicant. Accordingly, I.A. No.1629/2023 is allowed.

It is directed that remaining jail sentence of the appellant shall remain suspended and he shall be released on bail upon his furnishing a personal bond in the sum of Rs.80,000/- (rupees Eighty Thousand) with a surety bond of like amount to the satisfaction of trial Court concerned for his appearance before the Registry of this Court on 08/05/2023 and on such other dates as

may be fixed by the Registry in this regard.

List for final hearing in due course.

Certified copy as per rules.

(SANJAY DWIVEDI) JUDGE

sushma

Signature Not Verified Signed by: SUSHMA KUSHWAHA Signing time: 3/21/2023 7:31:03 PM