Madhya Pradesh High Court
Vimal Singh Chouhan vs Central Bureau Of Investigation on 2 March, 2020
Author: Rajeev Kumar Dubey
Bench: Rajeev Kumar Dubey
1 CRA-11290-2019
The High Court Of Madhya Pradesh
CRA-11290-2019
(VIMAL SINGH CHOUHAN Vs CENTRAL BUREAU OF INVESTIGATION)
3
Jabalpur, Dated : 02-03-2020
Shri Ajay Mishra, learned senior counsel with Shri Gaurav Tiwari,
learned counsel for the appellant.
Shri J.K. Jain, learned Assistant Solicitor General for the respondent-
C.B.I. Heard on the question of admission.
Appeal seems to be arguable, hence it is admitted for final hearing. Also heard on I.A.No.24077/2019, which is an application under Section 389(1) of Cr.P.C. for suspension of the custodial sentence passed against appellant Vimal Singh Chouhan.
This appeal has been preferred against the judgment dated 16/12/2019 passed by Special Judge, (C.B.I.), Bhopal in Special Case No.9/2005, whereby learned Special Judge found the appellant guilty for the offence punishable under Sections 120-B, 420, 467, 468, 471 of the IPC and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act and sentenced him to undergo R.I. for three years, R.I. for three years with fine of Rs.100/-, R.I. for three years with fine of Rs.100/-, R.I. for three years with fine of Rs.100/-, R.I. for two years and R.I. for three years with fine of Rs.84,000/- respectively with default clause.
Learned counsel for the appellant submitted that the learned trial Court without appreciating the evidence properly, wrongly found the appellant guilty for the aforesaid offence. Even, the learned trial Court has suspended the jail sentence awarded to the appellant. There are several omissions and contradictions in the evidence adduced by the prosecution. The alleged amount has already been deposited by the appellant. Hence, prayed for suspension of the jail sentence and release of the appellant on bail since the hearing of this appeal will take time.
Digitally signed by ANURAG SONI Date: 03/03/2020 13:29:222 CRA-11290-2019 On the other hand learned counsel for the State opposed the prayer and submitted that the guilt of the appellant was proved beyond reasonable doubt, therefore, learned trial Court has rightly convicted and sentenced the appellant.
The maximum sentence of imprisonment awarded to the appellant is only three years, that too has already been suspended by the trial Court. Hon'ble Supreme Court in the case of Bhagwan Rama Shinde Gosai Vs. State of Gujrat ( 1999) 4 SCC 421 has held that when a person is convicted and sentenced to a short term imprisonment, the normal rule is that when his appeal is pending, the sentence should be suspended by enlarging appellant on bail and rejection can only be by way of exception. Apex Court in the case of C. Sareen v. CBI, Chandigarh : (2001) 6 SCC 584 held "ÂœNo doubt when the appellate court admits the appeal filed in challenge of the conviction and sentence for the offence under the PC Act, the superior court should normally suspend the sentence of imprisonment until disposal of the appeal, because refusal thereof would render the very appeal otiose unless such appeal could be heard soon after the filing of the appeal". Apex Court in the case of N. Ramamurthy Vs. State of Central Bureau Of Investigation, A.C.B., Bengaluru, 2019 Cri.L.J. 2929, also held that in cases where an appeal could not be heard soon after the filing of the appeal, the superior Court should normally suspend the sentence of imprisonment until disposal of the appeal.
S o looking to the facts and circumstances of the case, the term of imprisonment awarded, the conduct of appellant when on bail during the trial and the fact that the learned trial Court has already suspended the jail sentence of of appellant and according to listing policy the hearing of this appeal is likely to take a long time, the application is allowed and it is directed that the execution of the jail sentence alone passed against the appellant shall remain suspended during the pendency of this appeal and he be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Digitally signed by ANURAG SONI Date: 03/03/2020 13:29:22 3 CRA-11290-2019 only) with one surety in like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 07/04/2020 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.
List the matter for final hearing in due course.
C.C. on payment of usual charges.
(RAJEEV KUMAR DUBEY) JUDGE as Digitally signed by ANURAG SONI Date: 03/03/2020 13:29:22