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2026 Supreme(Online)(SC) 1638

SUPREME COURT OF INDIA
ABHAY S.OKA, UJJAL BHUYAN, SOHAIL GOHAR
SOHAIL GOHAR – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates appeared:
For the Petitioner(s): Mr. R.C.Mishra,Sr.Adv. Mr. Alok Kumar Dwivedi,Adv. Mr. Ananya Mishra,Adv. Ms. Namita Mishra,Adv. Mr. Dilip Kumar,Adv. Mr. Rajnish Kumar Jha, AOR
For the Respondent(s): Mr. Nishant Ramakantrao Katneshwarkar, AOR

ORDER

Leave granted.

2. Heard the learned senior counsel appearing for the appellant and the learned counsel for the respondent-State.

3. The appellant has been convicted by the learned Special Judge under the Prevention of Corruption Act, 1988 Bhopal, Madhya Pradesh for the offences punishable under Section 7 as well as Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. The maximum substantive sentence is of 4 years. An appeal against conviction was preferred by the appellant before the High Court of Madhya Pradesh, Principal Seat at jabalpur. In the appeal, an application was made under Section 430(1) of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short, "the BNSS") for suspension of sentence and grant of bail.

4. By the impugned order, the said application has been rejected. The impugned order records that a similar application made earlier by the appellant was dismissed as withdrawn on 27th August, 2024. While rejecting the application by the impugned order, the learned Single Judge has observed thus:

“Accordingly, application is dismissed.

Second application has been filed on14.10.2024 i.e. just less than two months of rejection of first applica

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