[2023:RJ-JD:32124] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension of Sentence Application No.1148/2023 IN S.B. Criminal Appeal (Sb) No. 1888/2023 Mahendra Singh S/o Fula Ram, Aged About 58 Years, R/o Village Gadakheda, Tehsil Buhana, P.s. Singhana, Dist. Jhunjhunnu, Inspector Tilamn Sangh, The Then Depot Manager, Rajasthan State Beverage Corporation Limited, Jaisalmer
----Appellant Versus State of Rajasthan, Through Pp
----Respondent For Appellant(s) : Mr. Deepak Menria For Respondent(s) : Mr. Anees Bhurat, P.P.
HON'BLE MR. JUSTICE FARJAND ALI Order 03/10/2023
1. The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 02.09.2023 passed by the learned Special Judge, Prevention of Corruption Act No.1, Jodhpur, in Criminal Case No.24/2021 whereby he was convicted and sentenced to suffer maximum imprisonment of 03 years under Section 07 of Prevention of Corruption (Amendment) Act.
2. It is contended on behalf of the applicant 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. The sentence of the accused- petitioner has already been suspended by the trial court. He was (Downloaded on 12/11/2023 at 06:49:19 AM) [2023:RJ-JD:32124] (2 of 3) on bail during trial and did not misuse the liberty so granted to him; hearing of the appeal is likely to take long time, therefore, the application for suspension of sentence may be granted.
3. Per contra, learned public prosecutor has vehemently opposed the prayer made on behalf of the accused-applicant for releasing the petitioner on application for suspension of sentence.
4. Heard and perused the material available on record.
5. Considering the submissions of learned counsel for the parties and looking to the totality of facts and circumstances of the case, taking into account the submission that the evidence with regard to the demand of illegal gratification as well as the evidence regarding trap proceeding are required to be appreciated again by this Court being the first appellate Court, more particularly the facts/fact that the accused-petitioner was on bail during the course of trial and the hearing of appeal is likely to take further more time and considering the overall submissions 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-petitioner.
6. 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 No.1, Jodhpur who passed the impugned order 02.09.2023 in Criminal Case No.24/2021 against the petitioner- (Downloaded on 12/11/2023 at 06:49:19 AM)
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applicant- Mahendra Singh S/o Fula Ram 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 Judge for his appearance in this court on 03.11.2023 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 10-Samvedana/-
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