HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Suspension of Sentence Application No.1258/2022 In S.B. Criminal Appeal No. 2093/2022 Prabhakar S/o Bhanwar Lal Sharma, Aged About 69 Years, Retired From Block Primary Education Officer Panchayat Samiti Sarada At Present Residing At 54 Sagsaji Vihar Titradi Jaysamand Road Udaipur Raj.
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Brijesh Parek
For Respondent(s) : Mr. A.R. Malkani for
Mr. M.A.Siddiqui, AAG
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 02/01/2023 Heard learned counsel for the applicant-appellant and learned Public Prosecutor for the State on application for suspension of sentences. Perused the material available on record.
It is contended by the counsel for the appellant- applicant that appellant has been sentenced for the offence under Sections 7 and 13 (1) (d)/13 (2) of the Prevention for Corruption Act for one year's simple imprisonment, which is already suspended by the Court below. Appellant-applicant was on bail during trial and disposal of the appeal will consume time.
Learned Public Prosecutor has opposed the application for suspension of sentence.
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(2 of 2) [SOSA-1258/2022] I have heard and considered the arguments advanced by the counsel for the parties and have gone through the material available on record.
Having considered the facts and circumstances and particularly the fact that sentence imposed upon the appellant- applicant is of one year's simple imprisonment, and he was on bail during trial, disposal of appeal will consume time, therefore, this Court deems it fit and proper to allow the application for suspension of sentence filed by the appellant-applicant.
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, (Prevention of corruption Act) No.2, Udaipur, vide judgment dated 17.11.2022 in Sessions Case No.141/2019 (CIS No.566/2014) against the appellant-applicant Prabhakar S/o Bhanwar Lal Sharma,, shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he executes a personal bond in the sum of Rs.40,000/- with two sureties of Rs.20,000/- each to the satisfaction of the learned trial Judgefor his appearance in this court on 02.02.2023 and whenever ordered to do so.
(VINOD KUMAR BHARWANI),J 19-Mamta/-
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