Bharat Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 16182 MP

                                   1
            IN THE HIGH COURT OF MADHYA PRADESH
                          AT INDORE
                           CRA No. 10402 of 2023
             (BHARAT SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 03-10-2023
      Shri Vivek Singh, learned counsel for the appellants.

      Shri Vaibhav Jain, learned counsel for the respondent.

Heard on the question of admission.

The appeal is admitted for final hearing.

Also heard on I.A. No.12443/2023, which is 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 appellants - Bharat Singh S/o Kirat Singh Chouhan & Anil S/o Jagannathrao Gadwe.

The present appellants have been convicted for the offence punishable under Section 7 of the Prevention of Corruption Act r/w section 120-B of the Indian Penal Code and sentenced to undergo 03 years' rigorous imprisonment along with fine of Rs.10,000/- each. With default clause to further undergo 06 months' additional rigorous imprisonment each.

As per prosecution story, complainant - Ajay Gupta, who is an Advocate

by profession made a written complain on 09.08.2011 to the Inspector General, Special Police Establishment, Bhopal and Superintendent of Police, Special Police Establishment, Ujjain against Anil, the then Clerk and Bharat Singh, Deputy Registrar of Co-operative Society alleging that they came to his house and thereafter, appellant No.2 - Anil demanded Rs.10,000/- for appellant No.1 - Bharat Singh and Rs.2,000/- for himself for deciding the case in his favour. However, Bharat Singh has already dismissed the case on 01.07.2011 and certified copy of said order has already been provided to him.

The complainant recorded the conversation with both the appellants from his own device and took photographs from the web camera installed in his house. On the basis of said complaint, an F.I.R. was registered against both the appellants. Since it was a complaint was made about demand after dismissal of the complaint of the father of the complainant, therefore, no cross-verification of the so called demand of bribe was done. The conversation recorded by the complainant was believed and straight away F.I.R. was registered against these two appellants. Thereafter, the documents were collected and charge-sheet was filed after obtaining the sanction from the Government. After undergoing the trial, the appellants have been convicted for the offence punishable under

Section 7 of the PC Act r/w section 120-B of the IPC only. Since the sentences were only three years, therefore, the trial Court has suspended the jail sentence of the appellants till 05.10.2023.

Learned counsel for the appellants submits that during the trial, the appellants were on bail as they were never arrested. Now, both the appellants are senior citizen and retired from service. They have falsely been implicated as one of the appellant No.2 dismissed the case of the complainant's father. There are various complains against the complainant also from the Bar Member which are on record. It is a case of only demand of bribe with acceptance of it. Even otherwise, this is an appeal of 2023 and final hearing of the same is not possible in near future. Hence, remaining jail sentence of these appellants may be suspended.

Learned counsel for the respondent opposes the application by placing reliance upon a judgment delivered by the Apex Court in the case of Shiv Kumar v/s The State of NCT of Delhi reported in (2008) 17 SCC 122.

Taking into consideration the aforesaid facts and circumstances in totality and without expressing any opinion upon the merits of the case, I deem it proper to suspend the remaining jail sentence of these appellants. Accordingly, I.A. No.12443/2023 stands allowed.

The execution of remaining jail sentence of appellants - Bharat Singh & Anil is hereby suspended and it is ordered that the appellants be released on bail upon their furnishing personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with separate surety of the like amount to the satisfaction of the trial Court and subject to depositing the fine amount (if not already deposited) with a further direction to appear before the Registry of this Court on 21.12.2023 and also on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of the appeal.

List the appeal for final hearing in due course.

Certified copy, as per Rules.

(VIVEK RUSIA) JUDGE

Ravi Digitally signed by RAVI PRAKASH Date: 2023.10.04 10:20:38 +05'30'