Madhya Pradesh High Court
Atul Gupta vs The State Of Madhya Pradesh on 31 January, 2019
1 CRA-490-2019
The High Court Of Madhya Pradesh
CRA-490-2019
(ATUL GUPTA Vs THE STATE OF MADHYA PRADESH)
3
Jabalpur, Dated : 31-01-2019
Shri Manish Tiwari, learned counsel for the applicant.
Shri Swantantra Pandey, learned counsel for the respondent/Lokayukat
Heard on the question of admission.
Admit.
Record of the lower court has been received.
Also heard on I.A. No.883/2019, which is an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of the appellant.
The appellant-accused has filed this appeal against the conviction and sentence dated 31/12/2018 passed by Special Judge, Prevention of Corruption Act, Balaghat in Special Case No. 03/2016 convicting the appellant-accused under Section 12 of the Prevention of Corruption Act and sentencing him to undergo R.I for 3 years with fine amount with default stipulation, as mentioned in the impugned judgment.
Learned counsel for the appellant submitted that the appellant is innocent and during the trial he has remained on bail and learned trial court has already suspended his sentence till today. Further submitted that there is no allegation against the appellant that he demanded the money or received the money from the complainant. There is allegation that the co-accused allegedly who received money handover to the appellant. Therefore the money has been recovered from him but there is no evidence that the appellant has any common intention to receive the aforesaid money as a bribe. There is fair chance to succeed in the appeal and disposal of the appeal will take time. In the circumstance, if appellant is not released on bail, his right to appeal would get frustrated. Therefore, the application filed on behalf of appellant be allowed and the period of his remaining jail sentence be suspended and he be released on bail.
Learned counsel for the respondent/Lokayukat has opposed the application and prayed for its rejection.
Considering the aforesaid facts and circumstances of the case and perusal of record, this application is allowed. It is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the appellant Atul Gupta shall remain suspended during the pendency of this appeal and he be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the registry of this Court on 22/08/2019 and thereafter on all other such subsequent dates as may be fixed by the registry in this regard during the pendency of the appeal.
List this appeal for final hearing as per listing policy. Certified copy as per rules Digitally signed by TARUN KUMAR SALUNKE Date: 31/01/2019 16:17:00 2 CRA-490-2019 (J. P. GUPTA) JUDGE tarun Digitally signed by TARUN KUMAR SALUNKE Date: 31/01/2019 16:17:00