Smt. Reena Jatav vs Special Police Establishment
2023 Latest Caselaw 7548 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRA No. 2384 of 2023
                                            (SMT. REENA JATAV Vs SPECIAL POLICE ESTABLISHMENT)

                           Dated : 09-05-2023
                                 Shri Amit Lahoti with Shri F.A. Shah- Advocates for the appellant.

                                 Shri Ajay Kumar Chaturvedi- Advocate for the respondent/ Lokayukt.

Heard on I.A. No.3237 of 2023, first application under Section 389 Cr.P.C. for suspension of sentence and grant of bail to the appellant.

This Criminal Appeal assails the judgment dated 28.01.2023 passed in

SC Lok/01/2021 by Special Judge (P.C. Act) Morena, District Morena (M.P.) whereby, appellant stood convicted and sentenced under Section 120-B of IPC to undergo rigorous imprisonment of three years with fine of Rs.15,000/-, under Section 7 of P.C. Act sentenced to undergo rigorous imprisonment of three years with fine of Rs.15,000/- and under Section 13(1)(d)/13(2) of P.C. Act r/w. Section 120-B of IPC sentenced to undergo rigorous imprisonment of four years with fine of Rs.15,000/- with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without proper appreciation of facts of the case. It is

further argued that the prosecution has failed to prove the demand of bribe in respect to present appellant/accused. Further argument is that the BPL for which the alleged demand was made by the present appellant/accused on 24.11.2015 had already been issued on 13.11.2014 in favour of complainant. The money has also not been recovered from the possession of present appellant. The learned trial Court on the basis of conjectures and surmises held that present appellant was involved in the conspiracy. It is further argued that there are lots of contradictions and omissions in the evidence of the prosecution Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 10-05-2023 11:17:49 AM

witnesses. The appellant is a lady who has already suffered three and a half months of incarceration out of total jail sentence of four years. Present criminal appeal is likely to take long time to conclude. Hence, prayed to suspend the jail sentence and grant of bail to the appellant.

Per contra, counsel for the respondent/Lokayukt has vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments rendered by learned counsel for the parties as well as facts and circumstances of the case, without commenting on merits of

the case, I.A.No.3237 of 2023 is hereby allowed subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.200,000/- (Rupees Two Lakhs only) with two solvent sureties of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and she be released on bail. Appellant is further directed to mark her appearance before the Office of this Court o n 17.07.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. Accordingly, I.A.No.6600/2023, an application for early hearing is disposed of.

A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 10-05-2023 11:17:49 AM

(SUNITA YADAV) JUDGE vpn

Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 10-05-2023 11:17:49 AM