Dr. Mohan Gupta vs The State Of Madhya Pradesh
2023 Latest Caselaw 16603 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 9080 of 2023
                                             (DR. MOHAN GUPTA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 09-10-2023
                                 Shri Vivek Singh, learned counsel for the appellant.

                                 Shri Raghvendra Singh Raghuvanshi, learned counsel for the
                           respondent SPE.

Heard on the question of admission.

Appeal is admitted for final hearing.

01. Also heard on I.A. No.13427/2023, first application under Section 389 (1) of the Code of Criminal Procedure, 1973 for suspension of remaining jail sentence and grant of bail filed on behalf of the appellant - Dr. Mohan Gupta.

02. Vide judgment dated 26.06.2023 passed in SC-LOK/06/2019 passed by Special Judge Prevention of Corruption Act, District Dhar, the appellant has been convicted under Section 7 of Prevention of Corruption Act, 1988 (for brevity "PC Act") and sentenced to undergo 3 years' R.I. with fine of Rs.500/-, Section 13(1)(D) and 13(2) of PC Act and Section 120-B of IPC and sentenced

to undergo 4 years' R.I. with fine of Rs.1,500/- with default stipulation.

03. As per prosecution story, on 21.07.2017 the present appellant was posted as Block Medical Officer at Samudayik Swasthya Kendra, Dharampuri, District Dhar and Arvind Joshi was posted as Junior Malaria Inspector at Samudayik Swasthya Kendra, Dharampuri, District Dhar. A bill of Rs.70,140/- of ''Earth Printers and Photo Studio'', Proprietor-Nitesh Dasondhi was pending before present appellant and co-accused for payment and in order to release the payment, they jointly made a demand of Rs.26,000/- as bribe. Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 10-10-2023 17:25:15

04. The complainant made a video recording of the aforesaid demand from his mobile phone and presented the memory card with written complaint to the Office of Special Police Establishment, Indore. After preliminary verification of the demand in presence of panch witness, complaint was registered. The complainant was asked to arrange currency notes in order to trap the appellant red-handed. The complainant alongwith the trap team reached to the spot and handed over tainted money to co-accused-Arvind Joshi who kept the same in his pocket. Thereafter, the member of trap team entered into the room and recovered Rs.20,000/- The conversation at the time of handing over the money was also recorded in the official voice recorder.

05. After completing the remaining investigation, charge-sheet was filed. Before the trial Court, the complainant completely turned hostile and did not support the case of prosecution however, the official panch witness duly supported the case of prosecution. The learned Court has accepted memory card in the evidence as primary evidence and acceptance of money by co- accused-Arvind Joshi but convicted both of them under the aforesaid sections.

06. I have heard learned counsel for both the parties and perused the record.

07. Since there is a demand of bribe by the appellant and co-accused but there is an acceptance of bribe by co-accused-Arvind Joshi. Prima facie the demand has been found established from the video recording. So far as the case of Dr. Mohan Gupta (present appellant) is concerned, the twin requirement of demand and acceptance has not been proved, there is no charge under Section 120-B of IPC, therefore, the acceptance of bribe by co-accused-Arvind Joshi cannot be made basis for conviction of Dr. Mohan Gupta (present

Signature Not Verified appellant) under Sections 7, 13(1)(D) and 13(2) of PC Act. Signed by: DIVYANSH SHUKLA Signing time: 10-10-2023 17:25:15

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

09. Accordingly, I.A. No.13427/2023 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 - Dr. Mohan Gupta in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with a solvent surety in the like amount to the satisfaction of the learned trial Court, for his 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.

10. The appellant, after being enlarged on bail, shall mark his presence before the Registry of this Court on 22.12.2023 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

List for final hearing in due course.

Certified copy as per rules.

(VIVEK RUSIA) JUDGE

Divyansh

Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 10-10-2023 17:25:15