HIGH COURT OF MADHYA PRADESH
RAJENDRA KUMAR VANI, J
VIRENDRA MALVIYA – Appellant
Versus
THE STATE OF MADHYA PRADESH – Respondent
| Table of Content |
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| 1. appellant's plea for bail based on evidence and sanction issues. (Para 1 , 2 , 3) |
Heard on I.A. No.16323 of 2025, second application under Section 430 of BNSS for suspension of jail sentence and grant of bail to appellant. His first application for suspension of sentence and grant of bail has been dismissed vide order dated 15.04.2025.
2. This Criminal Appeal assails the judgment dated 27.12.2024 passed by Special Judge (Prevention of Corruption Act), Tikamgarh in Special Case No. SC LOK-03/2022 whereby the appellant has been convicted for the offences punishable under Section 7 (a) of the Prevention of Corruption Act, 1988 (Amended Act 2018) and sentenced to undergo R.I. for four years and fine of Rs.3,000/- with default stipulation.
3. It is submitted by the learned counsel for the present appellant that the complainant himself turned hostile before the learned trial Court and did not support the story of the prosecution. The shadow witness namely Surendra Pratap Singh (PW-3) though has not been declared hostile but in cross-examination he denied the fact that he has entered in the premises and seen the incident. It is also submitted that the sanction in this case
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