SUNIL SONI Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard on I.A. No.3130/2020, a repeat (2nd) application for suspension of a custodial sentence. Earlier application (I.A. No.10703/2019) was filed for temporary release and the same was allowed on account of the illness of the father of the appellant vide order dated 11.2.2020. He was released up to 7.4.2020 and thereafter surrendered before the Court on 8.4.2020. Since the application was not decided on merit, therefore, the present application is being considered on the merits of the case.

(2.) Being aggrieved by the judgment dated 18.12.2019 passed by Special Judge (Prevention of Corruption Act), Mandleshwar whereby the appellant has been convicted for the offence/s punishable u/s. 7, 13(1) (d) read with 13(2) of the Prevention of Corruption Act and sentenced to undergo 4-4 years RI and to pay fine of Rs.10000-10000/- with default stipulation, the present appeal has been filed.

(3.) As per prosecution story, complainant Mohan Kanungo, Assistant Teacher posted in Primary School, Rajgarh owns ancestral property (10 acres of agricultural land) in Village Badi, Tehsil Jhirnya. His father died in the year 2009 and thereafter he along with his brothers became a joint owner and in possession of the same. For recording partition of the aforesaid property, he met with the present appellant, who demanded Rs.12,000/- as bribe from him for getting the work of mutation done fast. Since the complainant was not interested in giving the bribe and wanted to appellant to be caught red-handed, he submitted a written complaint (Ex. P/1) in the office of SPE Lokanyukta, Indore. The SPE has handed over the complaint to Dineshchandra Patel, Inspector (PW-6) for further enquiry and investigation. In order to verify the genuineness of the complaint, the Investigating Officer (IO) has handed over voice- recorder to complainant for recording the conversation about the demand of bribe. The complainant recorded his conversation with the appellant and handed over the memory card to the IO. The IO directed the complainant to arrange for currency notes of Rs.8000/- to conduct the trap. The IO arranged the trap team by calling 'Panch' witnesses and prepared tainted currency notes to be handed over to the appellant and the complainant was explained the necessary procedure. The appellant called the complainant near Bhandari Petrol Pump, Khargone. After reaching there with the trap team as per the instructions, the complainant took out the money from his pocket and handed over the same to the appellant and gave a predecided indication to the members of the trap team. The I.O. with two constables immediately rushed towards the appellant and caught hold hands of the appellant and recovered the tainted money from his pocket. As per 'Panchnama' report, the hands and T-shirt of the appellant both turned pink in after dipping in the solution. After completion of the investigation, challan was filed.