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Judgment
I.A.9812/2019, second repeat application for suspension of sentence moved by sole appellant u/Sec. 389(1) Cr.P.C., after dismissal of earlier one on merits on 14.05.2019.
This criminal appeal assails the judgment dated 24/12/2018 passed in S.T.No.300003/2015 by Special Judge (Prevention of Corruption Act, 1988), District Vidisha whereby the appellant has been convicted and sentenced as under with default stipulations :-
Sections
Imprisonment
Fine
07 of prevention of Corruption Act, 1988
3 years' R.I.
Rs.10,000/- with default stipulation.
13(1)(D) of Prevention of Corruption Act, 1988
7 years' R.I.
Rs.10,000/-with default stipulation
Learned counsel for respondent/Lokayukt opposed the appeal and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.
The appellant who is 63 years old has prayed for suspension of sentence in this repeat application after rejection of earlier one on merits in May, 2019.
It is submitted that appellant has suffered incarceration of 17 months as against seven years' RI awarded.
Considering the period of sentence suffered by the appellant and further looking to the fact that there is no likelihood of early disposal of the appeal in near future and considering the changed scenario in view of the Covid-19 pandemic, this Court is inclined to grant bail to the appellant by way of suspension of sentence.
Accordingly, without expressing any opinion on merits, I.A.9812/2019 is allowed and it is directed that the jail sentence of appellant will remain under suspension subject to verification that the amount of fine has been deposited, on the appellant's furnishing bail bond of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Magistrate for his appearance before the concerned Magistrate on 25/11/2020 and on such further dates as may be fixed by him which shall be of frequency not less than once a year.
In case, appellant is found absent on any date fixed by the concerned Magistrate then the said Magistrate shall be free to issue and execute warrant of arrest for securing his presence without first referring the matter to this Court, provided the Registry of this Court is kept informed.
The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. and as well as the State Govt during release, travel and residence of the appellant during period of suspension of sentence as a consequence of this order.
A copy of this order be sent to the Court concerned for information.
C.c as per rules.