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2025 DIGILAW 333 (SC)

VIKAS SHARMA v. Special Police Establishment Lokayukt

2025-01-20

PRASHANT KUMAR MISHRA, SANJAY KAROL

body2025
ORDER 1. Leave granted. 2. It is not in dispute that the appellant stands convicted for offence punishable under the Section 7 of the Prevention of Corruption Act, 1988 (Amendment Act 2018) and sentenced to serve imprisonment for a period of four years. It is also not in dispute that the appellant filed an appeal against the conviction, which is pending consideration before the High Court, and his application for suspension of sentence stands dismissed in terms of the impugned order. Before us, it is also undisputed that the appellant has already suffered incarceration for about eight months (approximately). 3. In view of the above, we are of the considered view that the impugned order dated 17.10.2024, passed by the High Court of Madhya Pradesh, Bench at Gwalior, in I.A. No. 12035 of 2024 in CRA No. 5600 of 2024, needs to be set aside, and the sentence of imprisonment imposed upon the appellant liable to be suspended in view of the law enunciated in Shivani Tyagi vs. State of U.P. and Ors., 2024 SCC Online SC 842, till the pendency of the appeal before the High Court. Ordered accordingly. 4. We direct that the appellant be released on bail on such terms and conditions as may be imposed by the trial Court in connection with Crime No. 0389 of 2019, registered at Vidisha Dehat Police Station, Vidisha District, Madhya Pradesh. 5. As such, the appeal is allowed. 6. Pending application(s), if any, shall stand disposed of.