Madhya Pradesh High Court
Radha Krishna Sharma vs The State Of Madhya Pradesh on 21 November, 2019
Author: Anand Pathak
Bench: Anand Pathak
1
THE HIGH COURT OF MADHYA PRADESH
Criminal Appeal No.3254/2019
(Radha Krishna Sharma Vs. State of M.P.)
Gwalior, dated : 21.11.2019
Shri Atul Gupta, learned counsel for the appellant.
Shri Sushant Tiwari, learned Public Prosecutor for the
respondent/State.
Heard on admission. Record perused.
The appeal is admitted for final hearing.
The present appeal under Section 374 (2) of Cr.P.C. has been filed by the appellant against the order dated 30.03.2019, passed in Special Sessions Trial No.02/2016, by the trial Court, whereby the appellant has been convicted under Section 7 of the Prevention of Corruption Act and sentenced to undergo RI four years with fine of Rs.10000/- and Sections 13(1)(d) read with Section 13(2) of Prevention of Corruption Act and sentenced to undergo RI five years with fine of Rs.10000/- with default stipulations.
Heard on I.A. No.7951/2019, an application suspension of sentence filed on behalf of the appellant.
It is submission of the learned counsel for the appellant that trial Court erred in convicting the appellant and awarding jail sentence. Case is not where trap has been made whereby appellant caught red handed, but it because of conduit Hemraj, he has been falsely implicated. It is further submitted that for the purpose/motive for which money was demanded already over on 30th July, 2014 itself. Because of dispute shared by the complainant 2 THE HIGH COURT OF MADHYA PRADESH Criminal Appeal No.3254/2019 (Radha Krishna Sharma Vs. State of M.P.) with the family members of the appellant in village, this case has been registered to settle the score. Appellant is suffering incarceration for last 7 months. Hearing of appeal will take time and he has a strong case on merits. Fine amount has already been deposited. Trial Court ignored the defence of appellant and the defence witnesses DW-1 and DW-2 tried to establish the innocence of the appellant, but same has also been ignored. He would abide by the all terms and conditions as imposed by this Court. He undertakes to cooperate in the trial/investigation and would available as and when required and he would not be source of embarrassment and harassment of complainant party in any manner. He also undertake to perform some community service. Therefore, suspension of sentence may be allowed.
Learned Public Prosecutor for the State opposed the prayer and prayed for its rejection.
Heard learned counsel for the parties and record perused. Considering the overall facts and circumstance of the case and looking to the submissions and undertaking as given above, without commenting on the merits of the case as there is no possibility of early hearing of this criminal appeal before this Court, I.A.7951/2019 is allowed and it is ordered that on furnishing a personal bond of Rs.1,00,000/- (Rupees One Lac Only) by appellant with two solvent sureties of the like amount to the 3 THE HIGH COURT OF MADHYA PRADESH Criminal Appeal No.3254/2019 (Radha Krishna Sharma Vs. State of M.P.) satisfaction of the concerned trial Court, appellant's jail sentence shall remain suspended till disposal of this appeal and he be released on bail. The appellant is further directed to remain present before the Registry of this Court on 19.12.2019 and, thereafter, on such subsequent dates as may be fixed by the Registry.
As per the undertaking of the counsel on behalf of the applicant for social/community work, the applicant is directed to visit Community Health Centre, Bhind/District Hospital Bhind in Outdoor Patient Department (OPD) and serve the patients till conclusion of trial on every Monday and Tuesday from 9 am to 2 pm, so that he may learn the lesson to believe in peaceful co- existence in the society and become a better citizen. Chief Medical Health Officer (CMHO), District-Bhind/Superintendent Community Health Centre Bhind as the case may be, shall permit the applicant to work in the Outdoor Patient Department only while assisting the ward boys and male nurses to serve the patients. He would not be allowed to move in the Wards and ICU etc. It is made clear that he would not be a source of infection and discomfort to the patients of the hospital in any manner and concerned doctor shall ensure the same. On expiry of every two months, applicant shall submit a report about the works done by him and suggestions, if any for improvement of the system.
CMHO, Bhind/ Superintendent Community Health Centre, Bhind, shall use the service of applicant in maintaining cleanliness in the building and serving the patients and doing work like First Aid etc., so that applicant may inculcate some basic knowledge of First Aid or Emergency Care of patients which may be helpful for unforeseen exigencies or natural calamities wherein applicant may 4 THE HIGH COURT OF MADHYA PRADESH Criminal Appeal No.3254/2019 (Radha Krishna Sharma Vs. State of M.P.) be helpful as a volunteer.
CMHO, Bhind, may inform the Registry of this Court, if any default is made by the applicant. Even otherwise, CMHO may submit a report about the work done by the applicant after completion of his stint with community service till conclusion of trial. The progress reports may be submitted in every month till conclusion of trial. On the other hand, applicant shall also have to submit a report about his experience of community service before this Court, which shall be placed before this Court under the caption "Direction".
This direction is made by this Court as a test case to address the Anatomy of Violence and Evil by process of Creation and a step towards Alignment with Nature. The natural instinct of compassion, service, love and mercy needs to be rekindled for human existence as they are innately ingrained attributes of human existence.
A copy of this order be sent to District Judge Bhind, Chief Medical and Health Officer Bhind and concerned Hospital Superintendent also for information and ensuring compliance.
A copy of this order be sent to the trial Court concerned for compliance.
(Anand Pathak) Judge Rashid RASHID KHAN 2019.11.21 18:00:13 +05'30'