Rajasthan High Court - Jodhpur
Naveen Kumar Soni vs State Of Rajasthan on 17 December, 2021
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
....
S.B. Criminal Appeal No. 1265/2021
Naveen Kumar Soni S/o Shri Jagdish Prasad Soni, Age 50 Years,
R/o Village Tijara, Ward No. 5, Police Station Tijara, District
Alwar Presently R/o Luniya Chowk, Tara Nagar, District Churu.
(Ex Assistant Engineer, Narega, Panchayat Samiti - Taranagar,
District Churu)
----Appellant
Versus
State Of Rajasthan through PP
----Respondent
For Appellant(s) : Mr. Rakesh Arora.
For Respondent(s) : Mr. Shrawan Bishnoi, PP.
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
17/12/2021
Heard learned counsel for the appellant as well as learned
Public Prosecutor. Perused the record.
Admit. Issue notice. Send for the record.
Learned Public Prosecutor accepts notice on behalf of the
respodent - State of Rajasthan. Hence, notices need not be
issued.
Heard learned counsel for the appellant/petitioner and
learned Public Prosecutor on application for suspension of
sentence (SoS No. 871/2021).
Learned counsel for the appellant/petitioner stated that the
accused-petitioner was convicted for the offences punishable
(2 of 3) [CRLAS-1265/2021]
under Section 7 of the Prevention of Corruption Act for a period of
one year's simple imprisonment with a fine of Rs.10,000/-, under
Section 13(1)(D)/13(2) of the Prevention of Corruption Act for a
period of three years' simple imprisonment with a fine of
Rs.10,000/- by the learned Sessions Judge, Prevention of
Corruption Act, Bikaner in Sessions Case No. 06/2013 (CIS No.
711/2014) vide judgment dated 13.12.2021; that during the trial
of the case, the accused-petitioner was on bail; that hearing of the
appeal will take time, therefore, sentences awarded to the
accused-petitioner may kindly be suspended till final disposal of
the appeal.
Per contra, learned Public Prosecutor has opposed the
application seeking suspension of sentences. However, he does
not wish to file reply to the application.
Upon a consideration of the arguments advanced on behalf
of the petitioner and having regard to the facts and circumstances
of the case, particularly to the facts that the accused was on bail
during the trial of the case; and that hearing of the appeal will
take sufficiently long time, this Court is of the opinion that it is a
fit case for suspending the sentences awarded to the accused-
petitioner.
Accordingly, the application for suspension of sentence (SoS
No. 871/2021) filed under Section 389 Cr.P.C. is allowed and it is
ordered that the sentences passed by the learned Sessions Judge,
Prevention of Corruption Act, Bikaner in Sessions Case No.
06/2013 (CIS No. 711/2014) vide judgment dated 13.12.2021
against the petitioner-applicant, Naveen Kumar Soni S/o Shri
Jagdish Prasad Soni, shall remain suspended till final disposal of
(3 of 3) [CRLAS-1265/2021]
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 17.01.2022 and
whenever ordered to do so till the disposal of the appeal on the
conditions indicated below:-
1. That he/she/they will appear before the trial
Court in the month of January of every year till the
appeal is decided.
2. That if the applicant(s) changes the place of
residence, he/she/they will give in writing
his/her/their changed address to the trial Court as
well as to the counsel in the High Court.
3. Similarly, if the sureties change their address(s),
they will give in writing their changed address to
the trial Court.
The learned trial Court shall keep the record of attendance of
the accused-applicant(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-applicant(s) was/were tried and convicted. A copy of this
order shall also be placed in that file for ready reference. Criminal
Misc. file shall not be taken into account for statistical purpose
relating to pendency and disposal of cases in the trial court. In
case the said accused applicant(s) does not appear before the trial
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(DEVENDRA KACHHAWAHA),J
164-Mohan/-
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