Madhya Pradesh High Court
Narayan Prasad Pandre vs The State Of Madhya Pradesh on 9 August, 2018
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THE HIGH COURT OF MADHYA PRADESH AT
JABALPUR
Criminal Appeal No.5698/2018
Narayan Prasad Pandre
Vs.
State of M.P.
JABALPUR Dated: 09.08.2018
Shri U. N. Pandey, counsel for appellant.
Shri K. S Wadhwa, Special Public Prosecutor for the
respondent - EOW.
Heard on admission.
Admit.
Learned Special Public Prosecutor accepts notice on behalf of respondent -EOW; as such, no further notice is required.
Let record of the Courts below be requisitioned. Heard on I.A. No.12998/2018 for suspension of sentence and grant of bail under Section 389(1) of Code of Criminal Procedure filed on behalf of appellant Narayan Prasad Pandre.
A perusal of the impugned judgment dated 20.07.2018 passed in Special Criminal Case No.300047/2008 by the Court of Special Judge (Prevention of Corruption Act), Seoni reveals that appellant stands convicted and sentenced as hereunder:
CONVICTION SENTENCE
Section Act Imprisonment Fine Imprison
ment in
lieu of
fine
467 I.P.C. R.I. for 3 years Rs. 1,500/- In default
Deposited of fine
R.I. for 6
months
Digitally signed by S HUSHMAT
HUSSAIN
Date: 09/08/2018 17:21:52
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THE HIGH COURT OF MADHYA PRADESH AT JABALPUR Criminal Appeal No.5698/2018 Narayan Prasad Pandre Vs. State of M.P. 468 I.P.C. R.I. for 3 years Rs. 1,500/- In default Deposited of fine R.I. for 6 months 471 I.P.C. R.I. for 3 years Rs. 1,500/- In default Deposited of fine R.I. for 6 months 3/7 Atyaavashyak R.I. for 6 Rs. 1,500/- In default Vastu months Deposited of fine Adhiniyam R.I. for 6 months 13(1) Corruption R.I. for 3 years Rs.1,500/-
In
(d)/13(2) and Deposited
default
Prevention of fine
Act R.I. For
6
months
All substantive sentences have been directed to run concurrently.
Learned counsel for the appellant submits that the jail sentence of the appellant has already been suspended till 24.08.2018 by the trial Court; therefore, it has been prayed that the jail sentence of the appellant be suspended.
Keeping in view the facts and circumstances of the case in their entirety, particularly the quantum of sentence imposed upon the appellant, in the opinion of this Court, the substantive jail sentence of the appellant deserves to be suspended and he be released on bail.
Consequently, I.A. No.12998/2018 for suspension of sentence and grant of bail under Section 389 (1) of Code of Digitally signed by S HUSHMAT HUSSAIN Date: 09/08/2018 17:21:52 3 THE HIGH COURT OF MADHYA PRADESH AT JABALPUR Criminal Appeal No.5698/2018 Narayan Prasad Pandre Vs. State of M.P. Criminal Procedure filed on behalf of appellant Narayan Prasad Pandre, is allowed.
It is directed that on depositing the fine amount, if not already deposited, and furnishing a personal bond in the sum of Rs.1,00,000/- with one solvent surety in the same amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 19-12-2018 and on all other subsequent dates as may be fixed by the Registry in this regard, the remaining part of the substantive jail sentence imposed upon the appellant shall stands suspended and he shall be released on bail.
Certified copy as per rules.
(C. V. Sirpurkar, J.) sh Digitally signed by S HUSHMAT HUSSAIN Date: 09/08/2018 17:21:52