Madhya Pradesh High Court
Vijendra Kumar Kaushal vs The State Of Madhya Pradesh on 9 January, 2023
Author: Nandita Dubey
Bench: Nandita Dubey
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 9850 of 2022
(VIJENDRA KUMAR KAUSHAL Vs THE STATE OF MADHYA PRADESH)
Dated : 09-01-2023
Shri Anurag Gohil - Advocate for the appellant.
Shri Abhijeet Awasthy - Standing Counsel for the
respondent/Lokayukta.
Heard on admission.
The appeal is arguable, hence, admitted for final hearing.
Also heard on I.A.No.20305/2022, an application under Section 389(1) o f Cr.P.C. for suspension of jail sentence and grant of bail to the appellant pending the appeal.
T h e appellant has been convicted for commission of offence under Section 420,467,471, 120-B of IPC and Section 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, and has been sentenced to undergo R.I for three years and fine of Rs.2000/- in each section with default stipulation by the learned Special Sessions Judge (Prevention of Corruption Act), Bhopal vide judgement dated 30.09.2022 passed in Special ST No.43/2016.
Learned counsel for the appellant has submitted that appellant has been wrongly convicted by the trial Court as it has not appreciated the evidence of the witnesses in proper manner. It is further submitted that a lot of contradictions and omissions have surfaced the evidence of prosecution witnesses. Appellant has been convicted on the basis of presumption and assumption. During trial, he was on bail and he has not misused the liberty granted to him by way of bail. It is stated that jail sentence of co-accused Rajendra Nahar has already been suspended in connected Criminal Appeal Signature Not Verified Signed by: JITIN KUMAR CHOURASIA Signing time: 1/9/2023 6:33:23 PM 2 no.9328/2022. It is stated that there is no possibility of coming of this appeal for final hearing in near future. Therefore, if the jail sentence is not suspended purpose of filing this appeal would become futile.
On the other hand, learned counsel for the respondent has opposed the prayer for grant of bail to the appellant.
Considering the short nature of sentence and contention of learned counsel for the appellant, I deem it proper to suspend the remaining jail sentence of the appellant because final hearing of this appeal is not possible in near future. Consequently, I.A.No.20305/2022 is allowed. The execution of jail sentence of appellant is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the appellant be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the Registry of this Court firstly on 7th July,2023 and also on such other dates, as may be fixed by the Registry in this regard, during pendency of this appeal.
List the appeal for final hearing in due course.
Certified copy as per rules.
(NANDITA DUBEY) JUDGE jk Signature Not Verified Signed by: JITIN KUMAR CHOURASIA Signing time: 1/9/2023 6:33:23 PM