HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Application for Suspension of Sentence No.1255/2022 IN S.B. Criminal Appeal No. 2085/2022
1. Sunil Kumar Dubey S/o Sh. Gangadhar Dubey, Aged About 50 Years, The Then Deputy Chief Engineer Construction-1 Northern-Western Railway Bikaner R/o House No. 534 Railway Colony South Near Sidesersa Stadium Khadagpur West Bengal-721301
2. Subhash Chandra Verma S/o Sh. Amichand Verma, Aged About 57 Years, The Then Executive Engineer Office Of Deputy Chief Engineer Construction-1 Northern Western Railway Bikaner R/o House No. A-33 Ashok Nagar Malviya Nagar Jaipur Permanent Address B-2/139 Sudharshna Nagar Bikaner Raj.
----Appellants Versus Union Of India, Through Cbi
----Respondent Connected With S.B. Criminal Misc. Application for Suspension of Sentence No.1256/2022 IN S.B. Criminal Appeal (Sb) No. 2086/2022 Dharmendra Kumar Grover S/o Shri Makhan Lal, Aged About 59 Years, R/o House No. 5-E/89 Jai Narayan Vyas Colony Bikaner (The Then Senior Section Engineer (Drawain) In The Office Deputy Chief Engineer Construction-I Northern-Western Railway Bikaner) Permanent Address 595 Krishna Nagar Hissar Haryana
----Appellant Versus Union Of India, Through Central Bureau Of Investigation
----Respondent S.B. Criminal Misc. Application for Suspension of Sentence No.1257/2022 IN S.B. Criminal Appeal (Sb) No. 2089/2022 Gajendra Gaur S/o Jaibhagwan Gaur, Aged About 58 Years, H.no. 157, Sector 9 Extension, Hanumangarh Junction, Dist. Hanumangarh (Raj.).
----Appellant
Versus
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1. Union Of India, Through Cbi
2. State Of Rajasthan, Through Pp
----Respondents
For Appellant(s) : Mr. Vineet Jain, Sr. Adv. assisted by
Mr. Devesh Khatri
Mr. Dhanesh Kumar Saraswat
Mr. Vipul Dharnia
Mr. Udit Mathur
Mr. Vinod Kumar Sharma
For Respondent(s) : Dr. Sachin Acharya. Sr. Adv. assisted
by Mr. Rahul Rajpurohit
HON'BLE MR. JUSTICE FARJAND ALI
Order
14/12/2022
Heard learned counsel for the applicants-appellants and learned public prosecutor for the State on applications for suspension of sentence.
Learned counsel for the appellants submit that the prosecution has miserably failed to prove the charge against the appellants beyond reasonable doubt. No concrete evidence has been tendered into evidence so as to reach onto a definite conclusion of guilt of the accused. Learned trial court has failed to consider the correct, legal and factual aspects of the matter; there are even grounds to say that the prosecution sanction was not accorded in accordance with law. The appellants were convicted and sentenced to suffer three years rigorous imprisonment and the trial court has already suspended the sentence of the accused- appellants. Therefore, learned counsel for the appellants submit that the sentence awarded to the accused-appellants may be suspended as the hearing of the appeal may take long time.
Dr. Sachin Acharya has opposed the applications for
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suspension of sentence but considers the fact that the sentence has already been suspended.
Having considered the facts and circumstances of the case and more particularly looking to the fact that sentence has already been suspended by the trial court, hearing of appeal will take long time, therefore, this Court deems it fit and proper to allow the applications for suspension of sentence filed by the appellants- applicants.
Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Special Judge, CBI Cases, Jodhpur vide judgment dated 30.11.2022 in Special Criminal Case No.5/2014 (NCV No.40/2014) against the appellants-applicants
1.Sunil Kumar Dubey S/o Sh. Gangadhar Dubey, 2.Subhash Chandra Verma S/o Sh. Amichand Verma, 3.Dharmendra Kumar Grover S/o Shri Makhan Lal and 4.Gajendra Gaur S/o Jaibhagwan Gaur shall remain suspended till final disposal of the aforesaid appeal and they will be released on bail, provided they execute a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge to the effect that they will appear before this Court as and when called upon to do so.
(FARJAND ALI),J 200 to 202-Anshul/-
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