The main legal point established in the judgment is the consideration of the appellant's fair chance of success in the appeal against the conviction and the potential injustice of disqualifying him from contesting the election.

JUDGMENT

1. Shri A.S. Rathore and Shri Arpit Singh, learned counsel for the appellant.

Shri R.S. Raghuvanshi, learned counsel for the respondent/SPE.

Heard on I.A. No.5390/2022, which is an application filed under Section 389(1) r/w 482 of Cr.P.C. on behalf of the appellant Umrao Singh for suspension of his conviction.

The learned Trial Court i.e. the Court of Special Judge (Prevention of Corruption Act), Indore vide impugned judgment dated 24.9.2021, passed in Special Case No.300007/2012, has convicted the appellant under Section 120-B and 420 of IPC and sentenced him to undergo 4 years' RI with fine of Rs.50,000/- and four years' RI with fine of Rs.50,000/- with default stipulation.

2. Prosecution case, in brief, is that appellant Umrao Singh, in connivance with other co-accused persons made a conspiracy to obtain loan under Consortium Bank Scheme (CBC scheme) of M.P. Khadi Gramodyog Board. He without filling up the complete application form (Ex.P/38) and without submitting original documents of his property, proof of his age, population certificate of the village and no objection certificate of the concerned Gram Panchayat obtained loan amounting Rs.5,85,000/- under the above scheme for the purposes of establishing agricultural equipment manufacturing unit. He being member of OBC category was entitle for 25% margin money, but obtained 30% margin money amounting Rs.2,70,000/- through various cheques and thereafter, did not repay the installments of above loan amount within time.

3. Learned counsel for the appellant submits that appellant is renowned political figure. He was Sarpanch of Gram Panchayat, Bachoda; President of Janpad Panchayat, Depalpur; President of Dugdh Sahakari Samiti, Bachoda and President of Indore Sahakari Dugdh Sangh Maryadit, Indore. He wishes to contest bye-election of M.P. Legislative Assembly in the year 2023. The conviction and sentence passed against him is a disqualification under Section 8 of the Representation of People Act, 1951. In a democratic set up, restriction on exercise of such right of contesting election can be considered hardship to aspirants, if the conviction and sentence arguable to be fabulous and malice, in other words, where the appellant has fair chance to succeed in the appeal against conviction and sentence. It is apparent from the record that the appellant after complying with the required formalities obtained loan under CBC scheme. Appellant in his application form, specifically disclosed that he is a member of OBC Category and margin money was sanctioned to him by the State Level Appraisal Committee, therefore, it cannot be said that he obtained the same illegally.

4. Learned counsel for the appellant further submits that it has been found proved in the impugned judgment that appellant executed mortgage deed of his property amounting Rs.19,86,000/- as surety and after obtaining the loan amount established Mourya Industries at Gram Bachoda, Gautampura, Depalpur, which remain functional for quite some time. It has also been found proved in the impugned judgement that appellant had submitted photocopy of his mark sheet of Higher Secondary School Examination Board apart from his affidavit in support of his age proof alongwith his loan application form. Mayuri Verma, Chief Municipal Officer, Nagar Panchayat, Gautampura has specifically deposed that at the relevant time the population of the village Gautampura was 10,104. I.O., K.S. Bhuriya, (PW-22), in para 37 of his cross-examination, admitted that during investigation 'No Objection Certificate', issued by Nagar Parishad, Gautampura (Ex. E/75) was received by him. Admittedly, appellant has repaid the whole outstanding loan amount and obtained 'No Dues Certificate' dated 27.11.2010 (Ex. D/83), issued by M.P. Khadi Tatha Gramodyog Board. Therefore, findings in this regard that he has not filed his age proof, population certificate and no objection certificate of the concerned Gram Panchayat are not sustainable at all. In view of the af