Suresh Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 15664 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRA No. 1467 of 2023
                                             (SURESH SHARMA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 22-09-2023
                                 Shri Arun Pateriya - Advocate for appellant.

                                 Shri Girraj Soni - Panel Lawyer for respondent/State.

Heard on I.A.No.15945/2023, second application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant - Suresh Sharma.

Appellant has been convicted by the Special Judge (Prevention of

Corruption, Act), District Morena (M.P.) vide judgment dated 19.10.2022 passed in Special Case No.4/2010 for commission of offence punishable under Section 409 of IPC and sentenced to suffer 5 years RI with fine of Rs.50,000/-; under Section 467 of IPC and sentenced to suffer 10 years RI with fine of Rs.50,000/-; under Section 468 of IPC and sentenced to suffer 5 years RI with fine of Rs.50,000/-; under Section 471 of IPC and sentenced to suffer 5 years RI with fine of Rs.50,000/- and under Sections 13(1)(c)(d) r/w 13(2) of Prevention of Corruption Act and sentenced to suffer 5 years RI with fine of Rs.50,000/-, with default stipulation.

Prosecution case, in brief, is that Collector Morena after receiving the complaint, directed Executive Engineer, Rural Engineering Services, Morena for enquiring into the matter of distribution of scholarship to 817 students of R.K. High School Kotra and the allegations are that only 200 students have received the scholarship while the amount of Rs.2,44,225/- was ordered to be distributed by the District Organizer, Morena on the basis of the application submitted by the appellant who was Principal of the school at the relevant period of time. Signature Not Verified Signed by: ABHISHEK CHATURVEDI Signing time: 22-09-2023 05:06:27 PM

Learned counsel for the appellant submits that the incident took place about 27 years ago and appellant is an old person aged about 75 years. He has suffered near about one year's incarceration. He further submits that appellant, being Principal of the school, had made proposal of scholarship which was verified by the Education Officer and approved by the District Organizer, Morena whereafter amount of scholarship was transferred in the joint account of appellant and co-accused Narendra Kumar Nagaich (N K Nagaich) and the amount deposited in the account can only be withdrawn with the signature of the appellant and co-accused Narendra Kumar Nagaich (N K Nagaich). The Trial Court has not appreciated the evidence in right perspective. There is no

likelihood of hearing of this appeal in near future. The jail sentence of co- accused-Narendra Kumar Nagaich (N K Nagaich) has already been suspended by this Court by order dated 19.06.2023 passed in Cr.A. No.7618/2022. Therefore, considering the material produced on record against the appellant and his custody period, his remaining jail sentence be suspended and he be enlarged on bail on the ground of parity.

Learned counsel for the respondent/State has opposed the prayer and submits that appellant was very well involved in the crime. Offence is serious in nature. Prosecution has proved its case beyond reasonable doubt. Learned Trial Court has not committed any error in convicting the appellant for the offences mentioned above. In view of the aforesaid, the appellant is not entitled to be released on bail.

Heard learned counsel for both the parties and perused the record. Having considered rival submissions and material pointed out by learned counsel for the appellant and period of custody and the fact that the trial will

Signature Not Verified take long time and there is no likelihood of hearing of this appeal in near future, Signed by: ABHISHEK CHATURVEDI Signing time: 22-09-2023 05:06:27 PM

without expressing any opinion on merits of the case, the application is allowed and the remaining jail sentence of the appellant is suspended.

I t 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 solvent surety in the like amount to the satisfaction of Trial Court, for his appearance before the Registry of this Court firstly on 02.01.2024, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A.is allowed.

C.C. as per rules.

(SATYENDRA KUMAR SINGH) JUDGE

Abhi

Signature Not Verified Signed by: ABHISHEK CHATURVEDI Signing time: 22-09-2023 05:06:27 PM