Madhya Pradesh High Court
Kedarlal Sharma vs The State Of Madhya Pradesh on 2 November, 2018
1
HIGH COURT OF MADHYA PRADESH
Cr.A. No. 8110/2018
(Kedarlal Sharma Vs. State of MP)
Gwalior dated 02.11.2018
Shri, S.K. Tiwari, Advocate for appellant.
Shri, Rohit Mishra, Advocate for Lokayukt/respondent.
Heard on the question of admission. Appeal seems to be arguable, hence admitted for final hearing.
Shri Rohit Mishra, Advocate for Lokayukt/respondent takes notice on behalf of the respondent.
Also heard on I.A. No. 8221/2018, an application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail.
This appeal assails the Judgment of conviction and order of sentence dated 15/10/2018 passed by Special Judge (Prevention of Corruption Act), Dist. Guna in Spl. Case No. 03/2014, whereby, the appellant has been convicted under Section 7 of Prevention of Corruption Act and sentenced to RI for three years with fine of Rs.5,000/- and under Section 13(d) r/w section 13(2) of Prevention of Corruption Act and sentenced to RI for three years with fine of Rs.5,000/- with default stipulation. Learned counsel for the appellant submits that appellant was on bail during trial and he did not misuse the liberty of bail granted to him. He has already remained in jail for more than sufficient period. It is submitted that fine amount has already been deposited by the appellant. It is further submitted that there are omissions and contradictions in the evidence of the prosecution witnesses. There are fair chances of success of this appeal and the appeal may take long time for its conclusion and the appellant cannot be kept 2 HIGH COURT OF MADHYA PRADESH Cr.A. No. 8110/2018 in custody for an unlimited period. Under these circumstances, the execution of sentence be suspended and he be released on bail.
On the other hand, learned counsel appearing on behalf of the State opposes the bail application.
Keeping in view the aforesaid submission of learned counsel for the parties and the facts & circumstances of the case, IA No. 8221/2018 is allowed.
Thus, the execution of jail sentence of appellant Kedarlal Sharma is hereby suspended subject to payment of fine and he be released on bail on his furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty thousand only) with a surety bond in the like amount to the satisfaction of trial court for his appearance before the Principal Registrar of this Court on 10.01.2019 and all other subsequent dates as may be fixed by the registry in this regard.
List the case for final hearing in due course Certified copy as per rules.
(S.A. Dharmadhikari) Judge Durgekar* SANJAY N. DURGEKAR 2018.11.02 15:58:40 +05'30'