[2023/RJJD/007976] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No.248/2023 IN S.B. Criminal Appeal No. 338/2023 Bajrang Lal Jharotiya S/o Sh. Ladu Ram Regar, Aged About 30 Years, Post Baghera, Teh. Kekari, Dist. Ajmer. (Confined In Central Jail, Udaipur).
----Appellant Versus State Of Rajasthan, Through PP
----Respondent For Appellant(s) : Mr. Byhagirath Ray Bishnoi For Respondent(s) : Mr. A.R. Choudhary, PP HON'BLE MR. JUSTICE FARJAND ALI Order 29/03/2023 The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 22.03.2023 passed by the learned Special Judge, Prevention of Corruption Act Cases, No.1, Udaipur in Sessions Case No.33/2008 whereby he was convicted and sentenced to suffer maximum imprisonment of 4 years rigorous imprisonment along with fine of Rs.20,000/- under Section 7 of P.C. Act as well as under Sections 13[1][D], 13[2] of PC Act.
It is contended that the learned trial Judge has not appreciated the correct, legal and factual aspects of the matter and thus, reached at an erroneous conclusion of guilt, therefore, the same is required to be appreciated again by this court being (Downloaded on 30/03/2023 at 12:12:06 AM) [2023/RJJD/007976] (2 of 3) [SOSA-248/2023] the first appellate Court. The appellant was on bail during the trial and presently he is behind the bars since 22.03.2023, hearing of the appeal is likely to take long time, therefore, the application for suspension of sentence may be granted.
Per contra, learned public prosecutor has vehemently opposed the prayer made by learned counsel for the accused- applicant for releasing the appellant on application for suspension of sentence.
Heard learned counsel for the parties and perused the material available on record.
Considering the submission that there are strong arguments in favour of the appellant regarding the recovery allegedly made in respect to the demand of the illegal gratification. Looking to the totality of facts and circumstances of the case while refraining from passing any comments on the niceties of the matter and the defects of the prosecution as the same may put an adverse effect on hearing of the appeal, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused- appellant.
Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentence passed by learned Special Judge, Prevention of Corruption Act Cases, No.1, Udaipur in Sessions Case No.33/2008 against the appellant-applicant- Bajrang Lal Jharotiya S/o Sh. Ladu Ram Regar 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.50,000/-with two sureties of Rs.25,000/- each to the satisfaction of the learned trial (Downloaded on 30/03/2023 at 12:12:06 AM) [2023/RJJD/007976] (3 of 3) [SOSA-248/2023] Judge for his appearance in this court on 01.05.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.
2. That if the applicant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.
3. Similarly, if the sureties change their addresses, they will give in writing their changed address to the trial Court.
(FARJAND ALI),J 157-Ashutosh/-
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