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Judgment
Heard on the question of admission.
The appeal is admitted for the final hearing.
Also heard on I.A. No.4044/2020, an application for condonation of delay.
The appeal is barred by 248 days. For the reasons assigned in the application, same is allowed and the delay in filing of appeal is hereby condoned.
Further heard on I.A. No.4958/2020 an application for suspension of a custodial sentence.
Being aggrieved by the judgment dated 24.8.2019 Special Judge (Prevention of Corruption Act), Indore whereby the appellant has been convicted for the offence/s punishable u/s. 13(1)(d) read with 13(2) of the Prevention of Corruption Act and sentenced to undergo 4 years RI and to pay fine of Rs.1,000/- with default stipulation, the present appeal has been filed.
Learned counsel for the appellant submits that the appellant has been falsely implicated in the offence. The appellant has already lost her job. She and her family members are facing hardship. She has every hope of success in this appeal as she has neither demanded nor received any bribe from the complainant. She is in custody since 24.8.2019 and she has already undergone more than eleven months' R.I. There is no likelihood of early disposal of the appeal in near future, hence the application for suspension of sentence be considered taking into consideration the directions issued by the Hon'ble Supreme Court in the light of Covid-19 pandemic in suo motu Writ Petition (Civil) No.01/2020.
Learned counsel for the respondent opposes the prayer and prays for its rejection.
The Apex Court in the case of Vedkumar Pandya vs. State of M.P. (SLP No.6560/2019 decided on 16.09.2019) has suspended the sentence to the appellant under the PC Act only on the ground that he is in custody since last ten months and there is no likelihood of early disposal of the appeal in near future. The entire order is reproduced below:-
The petitioner has been in custody since 29th November 2018. Considering the fact that the sentence is only for four years and disposal of the appeal is likely to take time, having regard to the pendency of cases, we deem it appropriate to direct that the petitioner be released on bail in Special Case No.29 of 2016 dated 29th November, 2018 on conditions to the satisfaction of the Special Judge (Prevention of Corruption Act), Indore. The special leave petitions are disposed of.
In view of the above, the application is allowed and it is directed that subject to deposit of the fine amount with the trial Court (if already not deposited) and furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court, the execution of custodial part of the sentence shall remain suspended till the final disposal of this appeal. The appellant after being released on bail shall mark his presence before the Registry of this Court on 30.08.2021 and on all such subsequent dates, as may be fixed in this behalf by the Registry during the pendency of this appeal.
Before releasing the appellant from the custody, the Jail Authorities are directed to medically examine him in order to rule out the possibility of COVID-19 infection and shall comply with the direction given by the Apex Court in Writ Petition No.01/2020.
List the matter for final hearing in due course.