Bhupendra Singh Son Of Shri ... vs State Of Rajasthan

Citation : 2021 Latest Caselaw 6402 Raj/2
Judgement Date : 11 November, 2021

Rajasthan High Court
Bhupendra Singh Son Of Shri ... vs State Of Rajasthan on 11 November, 2021
Bench: Manoj Kumar Vyas
       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Criminal Appeal No. 1810/2021

Bhupendra Singh Son Of Shri Raghunath Singh, Aged About 60
Years, Resident Of Village Koyla, Police Station Sadar, District
Baran (Raj), The Then Lower Division Clerk (Cashier) Office Of
Tehsildar Tehsil Baran (Raj)
                                                                     ----Appellant
                                    Versus
State Of Rajasthan, Through P.P
                                                                 ----Respondent

For Appellant(s) : Mr. Nitin Kumar Sharma For Respondent(s) : Mr. Bhawani Shankar Sharma, PP HON'BLE MR. JUSTICE MANOJ KUMAR VYAS Order 11/11/2021 Heard.

Appeal is admitted.

Record of the case be summoned.

List after four weeks.

S.B. Criminal Misc. (SOS) Application No.1113/2021 Heard on the application for suspension of sentence. The appellant has filed the appeal along with application for suspension of sentence.

The appeal has been preferred against the judgment of conviction and sentence dated 27.10.2021 passed by the Court of Special Judge, Sessions Court, Prevention of Corruption Act, Kota (Raj.) in Sessions Case No.48/2013, by which the appellant has (Downloaded on 12/11/2021 at 09:34:14 PM) (2 of 3) [CRLAS-1810/2021] been convicted for offences under Sections 7 & 13 (1)(D) read with Section 13(2) of Prevention of Corruption Act, 1988 and sentenced to maximum term of two years.

It has been submitted by learned counsel for the appellant that the appellant has been convicted for offence under Sections 7 & 13 (1)(D) read with Section 13(2) of Prevention of Corruption Act and has been sentenced to maximum term of two years of imprisonment. As per certificate under Rule 311(3) of the Rajasthan High Court Rules, the appellant was on bail during trial. Now, sentence of the appellant has been suspended by the learned trial court. Presently, he is on bail.

Heard learned counsel for the parties. Learned Public Prosecutor has opposed the application for suspension of sentence.

Taking into consideration the submissions of learned counsel for the appellant, overall facts and circumstances of the case but without commenting upon detailed merits of the case, this Court deems just and proper to allow the application for suspension of sentence.

Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded to accused- appellant Bhupendra Singh Son Of Shri Raghunath Singh shall remain suspended till disposal of this criminal appeal and he shall be released on bail, provided the appellant furnishes a personal bond of Rs.50,000/- (Fifty Thousand) and two sureties of Rs.25,000/- (Twenty Five Thousand) each to the satisfaction of (Downloaded on 12/11/2021 at 09:34:14 PM) (3 of 3) [CRLAS-1810/2021] the learned trial court for his appearance in this Court on 13 th December, 2021 and as and when called upon to do so.

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