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Judgment
Heard the learned counsel for the parties through Video Conferencing on I.A. No.741/2020, i.e. an application for suspension of custodial sentence as well as application for urgent hearing.
The appellant has filed the present appeal being aggrieved by judgment dated 16.1.2020 passed by learned Special Judge, Prevention of Corruption Act, Mandleshwar (West Nimar) whereby he has been convicted under Sections 7 read with Section 13(1)((d) and u/s. 13(2) of the Prevention of Corruption Act and sentenced to undergo for 4-4 years R.I and to pay fine of Rs.20,000/- - 20,000/-respectively and in default of payment of fine amount further to undergo 1-1 year SI.
Shri Sirpurkar, learned senior counsel appearing for the appellant, submits that at present, he is not pressing the application for suspension on merit, but he is pressing the same for temporary release of the appellant due to his critical illness. He submits that the appellant is suffering from acute diabetes and hypertension. During his custodial period, he has developed infection in retina [(RE) Vitreous Hemorrhage and (LE) Proliferative Diabetic Retiopathy] for which treatment from higher centre is required. The appellant has already deposited the fine amount.
Vide order dated 16.3.2020, learned counsel appearing for respondent was directed to obtain the medical report from the jail authorities. Shri Raghuwanshi, learned counsel for the respondent, submits that he has obtained the medical report of the appellant and according to which, the appellant is a patient of diabetes and hypertension for which he is regularly taking the medicines. So far as infection in retina is concerned, he was referred to M.Y. Hospital, Indore and as per the report, further investigation and treatment is required which is not available in M.Y. Hospital, Indore. He has filed the medical report of the appellant.
Keeping in view the fact that the appellant is a patient of diabetes and hypertension; due to Corona epidemic he is required complete isolation which is not possible in the jail; and that for retina treatment he is required investigation from higher centre, in the considered opinion of this Court, the application for temporary release deserves to be allowed.
Accordingly, it is directed that on furnishing personal bond by the appellant in the sum of Rs.1,00,000/- (One Lakh only), with one solvent surety in the like amount to the satisfaction of learned trial Court, the execution of custodial part of the sentence of the appellant shall remain suspended for a period of six months. The appellant shall surrender before the trial Court on 04.01.2021 for undergoing remaining part of the sentence. In view of the above, I.A. No.741/2020 stands disposed of.
C.C. as per rules.