Madhya Pradesh High Court

Shiv Dayal Bhati vs The State Of Madhya Pradesh on 30 May, 2025

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                               1                                 CRA-5200-2025
                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                       CRA No. 5200 of 2025
                                            (SHIV DAYAL BHATI Vs THE STATE OF MADHYA PRADESH )



                           Dated : 30-05-2025
                                 Shri Ghanshyam Sharma - Advocate for the appellant.
                                 Shri Abhijeet Awasthy - Advocate for the respondent/SPE Lokayukta.

Appeal is admitted for final hearing.

Record of the court below be requisitioned immediately. Appellant has filed I.A. No.12608/2025 an application under Section 430 of

B.N.S.S.,2023 for suspension of jail sentence.

Appellant has been convicted under Section 7 of Prevention of Corruption Act and sentenced to undergo R.I. for four years with fine of Rs.3,000/- and Section 13(1)(d) read with section 13(2) of Prevention of Corruption Act and sentenced to undergo R.I. for four years with fine of Rs.3,000/-, with default stipulations.

It is submitted by learned counsel for the appellant that appellant is in jail and there is no likelihood of hearing of appeal in near future. Trial Court has committed an error in convicting the appellant. Considering the same, application for suspension of sentence may be allowed.

Heard learned counsel for the appellant.

Apex Court in case of Bhagwan Rama Shinde Gosai and others Vs. State of Gujarat - (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.

2 CRA-5200-2025 Considering the aforesaid and the judgment passed by the Apex Court in case of Bhagwan Rama Shinde Gosai and others (supra) and fixed short term of sentence, I.A. No.12608/2025 for suspension of sentence is allowed.

It is directed that the custodial sentence awarded to the appellant shall remain suspended during the pendency of this appeal subject to deposit of fine if not already deposited and he shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his appearance before the Registry of this Court on 16.12.2025 and on such other dates as may be fixed in this regard till final disposal of this appeal.

List this appeal for final hearing in due course. Certified copy as per rules.

(VISHAL DHAGAT) V. JUDGE