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Judgment
Heard on IA No., which is a second repeat application under section 389 Cr.P.C for suspension of sentence on behalf of the appellant. The first application for suspension of sentence was dismissed on merit on 19.11.2019.
Appellant has filed this appeal against the judgment dated 05.09.2019 passed by Special Judge (PC Act), Indore in Special Case No.08/2018 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.15,000/- with further default stipulation.
Learned counsel for the appellant submitted that the trial Court had committed an error in appreciating the evidence and convicting the appellant as there are many material contradictions and omissions in the statements of the witnesses. He has been falsely implicated in the offence due to previous enmity. His wife is suffering from serious ailments and there is no one in his family to look after his wife and his school going son. The appellant has already lost his job, therefore, his family has no source of earning. He has every hope of success in this appeal as he has neither demanded nor received any bribe from the complainant. He is in custody since 05.09.2019 and he has already undergone near about ten months R.I. The appellant was on bail during trial and he never misused the liberty granted by the court. There is no likelihood of early disposal of the appeal in near future due to Covid-19 epidemic, 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 Moto Writ Petition (Civil) No.05/2020.
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.
Considering the overall facts and the circumstances of the case and the arguments advanced by the learned counsel for the appellant, 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 11.10.2021 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.