Bharat Lal Bhatt vs Union Of India
2021 Latest Caselaw 19294 Raj

Citation : 2021 Latest Caselaw 19294 Raj
Judgement Date : 17 December, 2021

Rajasthan High Court - Jodhpur

Bharat Lal Bhatt vs Union Of India on 17 December, 2021

Bench: Devendra Kachhawaha

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

.....

S.B. Criminal Appeal No. 1234/2021

Bharat Lal Bhatt S/o Late Shri Nathu Lal Bhatt, Aged about 62 years, b/c Brahman, R/o Vill + Po Gowadi, District- Dungerpur, Rajasthan.

(At present the sentence of the appellant has been suspended for the period of 30 days by the learned Special Judge, C.B.I., Jodhpur).

----Appellant Versus Union Of India through Central Bureau Of Investigation (C.B.I.).

                                                                ----Respondent


For Appellant(s)         :     Mr. S.P. Singh.
For Respondent(s)        :     Dr. Sachin Acharya (for CBI).

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.

Learned counsel Dr. Acharya accepts notice on behalf of the

respondent-CBI, hence, notice need not be issued.

Heard learned counsel for the appellant/petitioner and

learned counsel appearing on behalf of the Central Bureau of

Investigation (CBI) on application for suspension of sentence (SoS

No. 849/2021).

Learned counsel for the appellant/petitioner stated that the

accused-petitioner was convicted for the offences punishable

(2 of 3) [CRLAS-1234/2021]

under Section 13(2) read with Section 13(1)(C) of the Prevention

of Corruption Act for a period of 2 years rigorous imprisonment

with a fine of Rs.5,000/-, under Section 409 IPC for a period of

two years rigorous imprisonment with a fine of Rs.5,000/- and

under Section 467 IPC for a period of tweo years rigourous

imprisonment with a fine of Rs.5,000/- by the learned Special

Judge, C.B.I., Jodhpur, in Special Criminal Case No. 04/2018

(N.C.V. No. 04/2018) vide judgment dated 26.11.2021/-; 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 prayer

for suspending the sentences awarded to the accused-petitioner

but he does not controvert the facts that during trial, the accused

was on bail and hearing of the appeal will take time.

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 offences are triable

by the First Class Magistrate and during the trial, the accused was

on bail, 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. 849/2021) filed under Section 389 Cr.P.C. is allowed and it is

ordered that the sentences passed by the learned Special Judge,

C.B.I., Jodhpur, in Special Criminal Case No. 04/2018 (N.C.V. No.

04/2018) vide judgment dated 26.11.2021 against the petitioner-

applicant Bharat Lal Bhatt S/o late Nathu Lal Bhatt, shall remain

(3 of 3) [CRLAS-1234/2021]

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 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.