Govind Kori vs The State Of Madhya Pradesh
2024 Latest Caselaw 5472 MP

Madhya Pradesh High Court

Govind Kori vs The State Of Madhya Pradesh on 22 February, 2024

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRA No. 14516 of 2023
                                             (GOVIND KORI Vs THE STATE OF MADHYA PRADESH)

                          Dated : 22-02-2024
                                Shri Jafar Khan- Advocate for the appellant.

                                           Heard on admission.
                                           Appeal is admitted for final hearing.
                                1.

Appellant has filed I.A. No.27285/2023 an application under Section 389(1) of Code of Criminal Procedure for suspension of jail sentence.

2. Appellant has been convicted under Section 7 of the Prevention of Corruption Act and has been sentenced to undergo R.I. for 4 years with fine of Rs.10,000/- with default stipulation.

3. It is submitted by learned counsel for the appellant that appellant is sentenced to short fixed term imprisonment. Looking to the fixed short term of sentence and there is no likelihood of hearing of appeal in future, application may be allowed and sentence of appellant may be suspended.

4. Heard the counsel for the appellant.

5. Apex Court in case of Bhagwan Rama Shinde Gosai and

others Vs. State of Gujarat, reported in (1999) 4 SCC 421 has held that when a convicted person is sentenced to a fixed period of sentence and when he files an appeal under any statutory right, suspension of sentence can be considered by the appellate Court liberally unless there are exceptional circumstances.

6. Considering the aforesaid judgment passed by Apex Court and the fact that short fixed term of sentence has been imposed upon appellant, I.A. for suspension of sentence is allowed.

7. It is hereby directed that the custodial sentence awarded to the

appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond in t h e sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety bond of the like amount to the satisfaction of the trial Court, for his appearance before the Registry of this Court on 06.05.2024 and on other dates as may be fixed in this regard till final disposal of this appeal.

8. List this appeal for final hearing in due course.

C.C. as per rules.

(VISHAL DHAGAT) JUDGE

AD/