Ravi Sharma vs Central Bureau Of Investigation ...
2023 Latest Caselaw 17552 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 11296 of 2023
                                      (RAVI SHARMA Vs CENTRAL BUREAU OF INVESTIGATION STATE OF M.P.)

                           Dated : 19-10-2023
                                  Shri Amitabh Gupta - Advocate for the appellant.

                                  Shri Vikram Singh - Advocate for CBI.
                                  Smt. Shakti Tripathi - Panel Lawyer for the respondent/State.

Heard on the question of admission.

Admit.

Als o heard on I.A.No.21218/2023, which is the first application for suspension of custodial sentence passed against the appellant and release him on bail.

This appeal has been preferred against the judgment dated 11.08.2023 passed by 9th Additional Sessions Judge-cum-Special Judge CBI (Vyapam) Bhopal, District Bhopal, M.P. in S.T. No.1001116/2014, whereby the appellant is found guilty for the offences punishable under Sections 419/120-B, 420/120- B , 467/120-B, 468/120-B, 471/120-B of IPC and under section 3(Gha)(1)(2) read with Section 4 of the M.P. recognized examination Act 1937 and

sentenced him to undergo R.I. for two years, two years, seven years, seven years, seven years and two years and fine of Rs.1000/-, 1000/-, 3000/-, 1000/-, 3000/- and 1000/- respectively with default stipulations.

Learned counsel for the appellant submitted that the trial Court without appreciating the evidence wrongly convicted the appellant for the aforesaid offences. There are several omissions and contradictions in the evidence adduced by the prosecution. Hence, prayed for suspension of the jail sentence and release of the appellant on bail since the hearing of this appeal is likely to Signature Not Verified Signed by: BHARTI GADGE Signing time: 10/20/2023 10:28:33 AM

take long time.

Learned counsel for the State as well as CBI opposed the prayer and submitted that from the prosecution evidence guilt of the appellant is clearly proved, so the learned trial Court did not commit any mistake in finding the appellant guilty for the aforesaid offences, so the sentence of the appellant should not be suspended.

Looking to the facts and circumstances of the case, contention of learned counsel of the appellant and according to listing policy the hearing of this appeal will take time, the application is allowed and it is directed that the execution of the jail sentence passed against the appellant shall remain

suspended during the pendency of this appeal and he be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in like amount to the satisfaction of the trial Court for his appearance before the trial Court on 21/12/2023 and on such further dates as may be fixed in this regard by it during the pendency of this appeal.

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

(ROOPESH CHANDRA VARSHNEY) JUDGE

b

Signature Not Verified Signed by: BHARTI GADGE Signing time: 10/20/2023 10:28:33 AM