Kamlesh Kurmi vs The State Of Madhya Pradesh
2023 Latest Caselaw 17909 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                     CRA No. 11813 of 2023
                                       (KAMLESH KURMI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 27-10-2023
                                 Shri Mahendra Choubey - Advocate for the appellants.

                                 Shri Abhijeet Awasthy - Advocate for the respondent/Lokayukt.

Trial Court record has been received.

Heard on admission.

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

hearing.

Heard on I.A. No.22172/2023, an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellants, pending the appeal.

Appellants have been convicted for commission of offence under Section 8 of Prevention of Corruption Act, 1988 and have been sentenced to undergo R.I. for 02 years and fine of Rs.5000/-, in default of payemtn of fine, further R.I. for 6 months, vide judgment dated 1.9.2023 delivered by the Special Judge, Prevention of Corruption Act, Sagar (M.P.) in SC LOK 10/2021 ( State

of M.P. Vs. Kamlesh Kurmi and another).

Learned counsel for the appellants has submitted that appellants have not committed any offence. They have been erroneously convicted by the trial Court as it has not properly appreciated the evidence on record. It is submitted that learned trial Court has not properly appreciated the evidence of witnesses. A.S.I. L. N. Tiwari had demanded bribe from them. They with an intention to make a complaint to higher officer had prepared his video but police falsely implicated them. They never attempted to give any bribe nor gave any bribe. Signature Not Verified Signed by: DEEPA MISHRA Signing time: 10/28/2023 12:35:04 PM

On the contrary they were determined to teach a befitting lesson to Tiwari. They have fair chances to succeed in appeal. Therefore, if the execution of jail sentence of appellants is not suspended, the purpose of filing this appeal would become futile. Therefore, it has been prayed that the execution of jail sentence of appellants may be suspended and they may be released on bail.

On the other hand, learned counsel for the respondent/Lokayukt has opposed the grant of bail to the appellants.

I have gone through the impugned judgment and findings recorded by the learned trial Court. Considering the evidence of witnesses and the fact that Article 'A' Video was prepared by the accused themselves and not by any other

person, beside that there is bleak possibility of hearing of this appeal in near future. Therefore, I am inclined to suspend the remaining jail sentence of the appellants.

Consequently, I.A. No.22172/2023 is allowed. The execution of jail sentence of appellants - Kamlesh Kurmi and Amit Kurmi is hereby suspended subject to depositing the fine amount, (if not already deposited). I t is directed that the appellants be released on bail on their furnishing a personal bond to a sum of Rs.50,000/- (Rupees fifty thousand only) each with one solvent surety each of the like amount to the satisfaction of the trial court with a further direction to appear before the trial Court on 22.12.2023 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) Signature Not Verified Signed by: DEEPA MISHRA Signing time: 10/28/2023 12:35:04 PM

JUDGE mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 10/28/2023 12:35:04 PM