HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Appeal No. 1924/2021
Mahaveer Prasad S/o Shri Pokarmal, Aged About 55 Years,
Resident Of Ward No. 8, Mohalla Swamipada, Tijara, District
Alwar (Raj.)
----Accused-Appellant
Versus
State Of Rajasthan, Through P.P.
----Respondent
Connected With S.B. Criminal Appeal (Sb) No. 1925/2021 Radhey Shyam S/o Shri Mool Chand Sharma, Aged About 71 Years, Resident Of B-43, Karamchari Colony, Alwar The Then Patwari Halka Thos, Tehsil Tijara, District Alwar (Raj.)
----Accused-Appellant Versus State Of Rajasthan, Through P.P.
----Respondent For Appellant(s) : Mr. Dinesh Kumar Garg Mr. Rajneesh Gupta For Respondent(s) : Mr. Imran Khan, PP HON'BLE MR. JUSTICE MANOJ KUMAR VYAS Order 01/12/2021 Heard.
Record of the case be summoned.
List after four weeks.
S.B. Criminal Misc. Applications for Suspension of Sentence No.1197/2021 & 1198/2021 :
Heard on applications for suspension of sentence.Appellants have filed the appeals along with applications for (Downloaded on 04/12/2021 at 09:23:14 PM) (2 of 3) [CRLAS-1924/2021] suspension of sentence.
These appeals have been preferred against the judgment of conviction and sentence dated 18.11.2021 passed by the Sessions Judge, Special Court, Prevention of Corruption Act, Alwar in Sessions Case No.65/2015, by which the appellants, 1. Mahaveer Prasad has been convicted under Section 7 of the Prevention of Corruption Act r/w Section 120B of IPC, 13(1)(D) r/w 13(2) of the Prevention of Corruption Act and Section 120B of IPC and 2. Radhey Shyam has been convicted under Section 7 and 13(1)(D) r/w 13(2) of the Prevention of Corruption Act and Section 120B of IPC and both of them were sentenced to maximum term of three years.
It has been submitted on behalf of the appellants that the appellants have been falsely implicated in the case. Prosecution evidence suffers from material contradictions and infirmities. Appellants have been sentenced to a maximum term of three years. As per certificate under Rule 311(3) of the Rajasthan High Court Rules, 1952, the appellants were on bail during trial and presently, their sentence has been suspended for a period of one month by the trial court. Hearing of appeals may take long time.
Learned Public Prosecutor has opposed the applications for suspension of sentence.
Heard learned counsel for the parties and scanned the evidence available on record carefully.
Taking into consideration the submissions of learned counsel for the appellants, overall facts and circumstances of the case but without commenting upon detailed merits of the case, this Court (Downloaded on 04/12/2021 at 09:23:14 PM) (3 of 3) [CRLAS-1924/2021] deems just and proper to allow the applications for suspension of sentence.
Accordingly, the applications for suspension of sentence are allowed and it is ordered that the sentence awarded to accused- appellants Mahaveer Prasad S/o Shri Pokarmal and Radhey Shyam S/o Shri Mool Chand Sharma shall remain suspended till disposal of criminal appeals and they be released on bail, provided each of them furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the learned trial court for their appearance in this Court on 03 rd January, 2022 and as and when called upon to do so.
(MANOJ KUMAR VYAS),J Hemant/57-58 (Downloaded on 04/12/2021 at 09:23:14 PM) Powered by TCPDF (www.tcpdf.org)