Uttarakhand High Court
CRLA/232/2025 on 15 April, 2025
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
Office Notes,
reports, orders or
proceedings or
Sl. No Date COURT'S OR JUDGES'S ORDERS
directions and
Registrar's order
with Signatures
IA/1/2025 (for Bail Application and Suspension of Sentence)
in
CRLA No.232 of 2025
Hon'ble Rakesh Thapliyal, J.
1. Mr. Lalit Sharma and Ms. Suraiya
Naaz, learned counsel for the appellant.
2. Mr. V.S. Pal, learned AGA for the
State.
3. As per the office report, the appeal
is well within the time.
4. Admit.
5. Summon the trial court record.
6. Heard on Bail Application
(IA/1/2025).
7. The present appellant-Shailendra
Kumar Chauhan, is convicted by the
Special Judge (Prevention of Corruption
Act), Kumaun Mandal/2nd Additional
Sessions Judge, Haldwani, District
Nainital, in Special Session Trial No.02
of 2019, "State versus Shailendra
Kumar Chauhan", whereby the
appellant has been convicted for the
offence punishable under Section 07 of
the Prevention of Corruption Act, 1988
and sentenced to undergo 03 years' R.I
and fine of Rupees 25,000/-. In default
of payment of fine, the appellant has to
undergo further additional 06 months'
simple imprisonment.
8. Learned counsel for the appellant
submits that the main material
witnesses PW-1(complainant), PW-5,
PW-6 (independent witnesses) and PW-
11 (the co-owner of the vehicle), do not
support the case of the prosecution and
in such an eventuality, there is no
question of draw a presumption under
Section 20 of the Prevention of
Corruption Act, 1988, and hence the
conviction is bad.
9. In support of his argument,
learned counsel for the appellant placed
reliance upon a judgment rendered by
the Hon'ble Apex Court in the case of
Madan Lal versus State of Rajasthan,
2025 Supreme (SC)475 Criminal Appeal
No.1247 of 2025 [Special Leave Petition
(Crl.) No.2025], decided on 07.03.2025.
10. Apart from this, learned counsel
for the appellant submits that while
convicting the appellant, the appellant
has been granted interim bail till the
filing of the appeal.
11. On the other side, Mr. V.S. Pal,
learned AGA for the State has supported
the judgement passed by the trial Court,
whereby the appellant has been
convicted.
12. After hearing the arguments as
advanced by learned counsel for the
parties and further taking into
consideration that the PW-
1(Complainant), PW-5 and PW6
(independent witnesses), PW-11 do not
support the case of the prosecution and
prima facie this Court is of the view that
there is no question of draw a
presumption under Section 20 of the
Prevention of Corruption Act, 1988 and
as such, this Court is of the view that
the appellant deserves to be enlarged on
bail.
13. Accordingly, without expressing
any opinion on the merit of the case, the
bail application is allowed.
14. Let the applicant, namely,
Shailendra Kumar Chauhan, be
released on bail, during the pendency of
the appeal, on his executing a personal
bond and furnishing two reliable
sureties of the like amount to the
satisfaction of the court concerned.
Realisation of fine and sentence shall
also remain suspended during the
pendency of the appeal.
15. List this matter for final hearing in
the Month of June, 2025.
(Rakesh Thapliyal, J.)
15.04.2025
R.Bisht
`
