Anil Kumar Tiwari vs The State Of Madhya Pradesh
2023 Latest Caselaw 5191 MP

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                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                     CRA No. 560 of 2023
                                         (ANIL KUMAR TIWARI Vs THE STATE OF MADHYA PRADESH)

                         Dated : 28-03-2023
                               None for the appellant but appellant's father is present in person.

                               Smt. Shakti Tripathi- Panel Lawyer for the respondent /State.

Trial Court record has been received.

Prima facie this appeal seems to be arguable. Hence, admitted for final hearing.

Heard on I.A.No.557/2023, an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellant pending the appeal.

Appellant has been convicted for commission of offence under Sections 120-B, 467, 468 and 471 of IPC and has been sentenced to undergo R.I. for 2 years, 5 years, 3 years and 2 years and fine of Rs. 2,000/-, Rs. 10,000/-, Rs.10,000/- and Rs.5000/- respectively for each offence with default stipulation vide judgment dated 27.12.2022 delivered in SC LOK-03/2006 (State of M.P. vs. Anil Kumar Tiwari and others) by the learned Special Judge (Prevention of

Corruption) Act, Satna (M.P.).

As per father of the appellant, present appellant has been erroneously convicted for commission of aforesaid offences as it has not properly appreciated the evidence of prosecution witnesses. The appellant was not involved in selection of the candidates. He has merely issued the appointment orders on the basis of the recommendation by the Selection Committee. He was not part of any conspiracy. The learned trial Court has not properly appreciated the evidence of prosecution witnesses in right perspective. The appellant has Signature Not Verified Signed by: BIJU BABY Signing time:

3/28/2023 6:18:21 PM

fair chance to succeed in appeal. In the course of trial, he was on bail and he has not misused the liberty granted to him by way of bail. Therefore, it has been prayed that the appellant be released on bail.

On the other hand, learned counsel for the respondent/State has opposed the prayer for grant of bail to the appellant.

Appellant is in jail since 27.12.2022. He has already undergone almost three months in jail. There is no possibility of hearing of this appeal in near future. Therefore, having taken into consideration the evidence of the prosecution witnesses on record and other facts and circumstances of the case, I am of the view that it is a case in which appellant may be released on bail.

Consequently, I.A.No.557/2023 is allowed. The execution of jail sentence of appellant is hereby suspended subject to depositing the fine amount, if not already deposited. It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court on 20.07.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List this case for final hearing in due course. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

b

Signature Not Verified Signed by: BIJU BABY Signing time:

3/28/2023 6:18:21 PM