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Judgment
Heard on IA No.4890/2020, an application for early hearing through video conferencing.
On due consideration, application is allowed.
Also heard on IA No.4889/2020, which is a second repeat application under section 389 Cr.P.C for suspension of sentence on behalf of the appellant.
The first application (IA No.6874/2019) for suspension of sentence was dismissed as withdrawn on 18.02.2020.
Appellant has filed this appeal against the judgment dated 31.07.2019 passed by Special Judge (PC Act), Indore in Special Case No.10/2015 whereby
the learned trial Court has convicted the appellant under section 13(1)(d) read with section 13(2) of the Prevention of Corruption Act and sentenced
him to undergo RI for 4 years with fine of Rs.5,000/- with further default stipulation.
As per prosecution case, the complainant who was a student in ITI, Nandanagar, Indore was not permitted to appear in the examination due to lack of
sufficient attendance. The complainant when contacted the appellant who was working as Training Officer in the ITI demanded a sum of Rs.3000/-
as bribe. The complainant not wanting to pay bribe complained in the Lokayukt Office at Indore and on the basis of the said complaint the Lokayukt
office, Indore laid a trap and the appellant was caught red handed while taking Rs.3,000/- as the bribe currency notes were already treated with
phenolphthalein powder and when the hands of the appellant were washed in sodium carbonate solution, the solution turned pink. The appellant was
tried and convicted and sentenced as mentioned herein above.
Learned counsel for the appellant submits that the trial Court has committed an error in appreciating the evidence and convicting the appellant. The
appellant was on bail during trial and he never misused the liberty granted by the Court. He has already undergone the sentence of more than a year
out of four years. There are fair chances of success in this appeal as the appellant has never demanded any bribe from the complainant and he has
been falsely implicated in this appeal due to previous enmity. The hearing of this appeal would likely to take long time due to Corona pandemic, hence
prayed for suspension of sentence and release of appellant on bail taking into consideration the directions issued by the Hon'ble Supreme Court in the
light of Covid-19 pandemic in Suo Moto Writ Petition (Civil) No.05/2020.
Learned counsel for the respondent/Lokayukt opposes the prayer and prays for its rejection.
Heard learned counsel for the parties and perused the record.
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 of 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 relevant portion of the 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, considering the arguments advanced by the counsel for the applicant, without commenting on the merit of the case, 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 10.08.2021 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.
C.c as per rules.