Rajiv Tiwari vs The State Of Madhya Pradesh
2024 Latest Caselaw 14849 MP

Madhya Pradesh High Court

Rajiv Tiwari vs The State Of Madhya Pradesh on 17 May, 2024

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 5352 of 2024
                                               (RAJIV TIWARI Vs THE STATE OF MADHYA PRADESH)

                           Dated : 17-05-2024
                                 Shri A. M. Khare - Advocate for the appellant.

                                 Shri Santosh Kumar Patel - Govt. Advocate for respondent/State.

Heard on admission.

Appeal is admitted for hearing.

Appellant has filed I.A. No.10478/2024 an application under Section

389(1) of Code of Criminal Procedure for suspension of jail sentence.

2. Appellant has been convicted under Sections 7 of Prevention of Corruption Act and sentenced to undergo R.I. for 3 years with fine of Rs.10,000/- with default stipulations.

3. It is submitted by learned counsel for the appellant that appellant is on bail till 8.6.2024. This appeal is of the year 2024 and there is no likelihood of hearing of appeal in near future. It is submitted that appeal may become infructuous with lapse of time. In these circumstances, sentence may be suspended and appellant may be released on bail.

4. Learned Govt. Advocate appearing for the respondent/State opposed the application for suspension of sentence.

5. Heard the counsel for the parties.

6. 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.

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

8. 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 depositing the entire amount of fine, if not already deposited, and furnishing a personal bond in the 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 9.08.2024 and on other dates as may be fixed in this regard till final

disposal of this appeal.

List the appeal for final hearing in due course. C.C. as per rules.

(VISHAL DHAGAT) JUDGE

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