Ummed Singh Bhadoriya vs The State Of Madhya Pradesh
2023 Latest Caselaw 14958 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      CRA No. 10968 of 2023
                                        (UMMED SINGH BHADORIYA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 11-09-2023
                                Shri F.A. Shah - Advocate for the appellant.

                                Shri    Ajay   Chaturvedi     -   Special    Public    Prosecutor    for   the
                          respondent/State.

Heard on the question of admission.

The appeal being argueable is admitted for final hearing. Heard on I.A.No.15857/2023, an application under Section 389(1) of

Cr.P.C. for suspension of sentence on behalf of appellant.

2. The trial Court has convicted the appellant under Section 7 of Prevention of Corruption Act and sentenced to undergo three years' RI with fine of Rs.2000/-, with default stipulation, vide judgment of conviction and order of sentence dated 31.07.2023 passed by Special Judge (P.C. Act), District Gwalior in Special Case No.03/2019.

3. Learned counsel for the appellant submits that it has been alleged against the appellant that in spite of an order of anticipatory bail by this Court in favour of the complainant Sudhir Nagle, appellant being Investigating Officer of

the case registered against the complainant demanded an amount of Rs.20,000/- as illegal gratification for releasing him on bail. He submits that admittedly an offence bearing Crime No.476/2016 was registered against the complainant at Police Station Hazira, District Gwalior wherein it was alleged against the complainant that he embezzled an amount of Rs.20,000/- and when appellant being Investigating Officer tried to recover the same, this false and fabricated case has been made against him on the instance of the complainant. Nothing has Signature Not Verified Signed by: ALOK KUMAR Signing time: 11-Sep-23 5:28:06 PM

been seized from the possession of the appellant. From the voice recording with regard to the demand of bribe money said to be made by the appellant has not been found proved. He has been convicted only on the basis of ocular evidence. Impugned judgment is unsustainable. Appellant was enlarged on bail during trial and his jail sentence has already been suspended by the Trial Court till 30.9.2023. He did not misuse the liberty granted to him. There is no likelihood of hearing of appeal in near future, therefore, learned counsel for the appellant prays for suspension of remaining jail sentence and grant of the bail to the appellant.

4. Learned counsel for the respondent/State has opposed the prayer and

submits that appellant denied to give his voice sample due to which voice recording of the conversation said to be made by the appellant could not be sent for match. From the ocular evidence of the complainant and other witnesses, allegations alleged against the appellant are very well proved. Learned Trial Court has not committed any error in convicting the appellant, therefore, he is not entitled for bail.

5. Heard learned counsel for both the parties and perused the record.

6. Having considered the rival submissions, nature of allegations alleged against the appellant so also the fact that during trial he was enlarged on bail and his jail sentence has already been suspended by the Trial Court and there is no likelihood of hearing of this appeal in near future, but without expressing any opinion on merits of the case, the application is allowed and jail sentence of the appellant shall remain suspended.

7. It is directed that subject to depositing the fine amount, if already not deposited, appellant shall be released on bail on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with separate Signature Not Verified Signed by: ALOK KUMAR Signing time: 11-Sep-23 5:28:06 PM

solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 06.11.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

C.C. as per rules.

(SATYENDRA KUMAR SINGH) JUDGE (alok)

Signature Not Verified Signed by: ALOK KUMAR Signing time: 11-Sep-23 5:28:06 PM