MEGH SINGH BARELIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard on I.A.No.7680/2019, first application for suspension of sentence filed on behalf of the appellant No.1-Megh Singh Bareliya.

(2.) The appellant No.1 has been convicted under Section 7 of Prevention of Corruption Act and sentenced to undergo 4 years RI with fine of Rs.20,000/- and Section 13(1)(d) read with Section 13(2) of Prevention of Corruption Act of IPC and sentenced to undergo 5 years RI with fine of Rs.30,000/- with default stipulation.

(3.) It is the submission of learned counsel for the appellant No.1 that false case has been registered against the appellant No.1 and trial Court erred in convicting the appellant and awarding 5 years of jail sentence. He referred the testimony of complainant-Kalicharan Tyagi (PW-2) and Manisha (PW-9) to bring home the analogy that appellant No.1 had no occasion to demand for money. He relied upon the judgment passed by The Hon'ble Apex Court in the cases of K.C.Sareen Vs. CBI, Chandigarh, 2001 (SCC) (Cri) 1186 and N. Ramamurthy Vs. State by Central Bureau of Investigation A.C.B. Benguluru, 2019 (2) (Crimes) 343 (SC) and submitted that looking to the long period of custody about 13 months out of 5 years and in the absence of bread earner in his family, applicant is finding hard to meet both the ends. He further undertakes to perform community service to purge his misdeeds. Hearing of appeal shall take time. He has a strong case on merits. Therefore, suspension of sentence may be allowed.