Mahaveer Prasad S/O Shri Pokarmal vs State Of Rajasthan
2021 Latest Caselaw 7089 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

                 S.B. Criminal Appeal No. 1924/2021

Mahaveer Prasad S/o Shri Pokarmal, Aged About 55 Years,
Resident Of Ward No. 8, Mohalla Swamipada, Tijara, District
Alwar (Raj.)
                                                          ----Accused-Appellant
                                    Versus
State Of Rajasthan, Through P.P.
                                                                 ----Respondent

Connected With S.B. Criminal Appeal (Sb) No. 1925/2021 Radhey Shyam S/o Shri Mool Chand Sharma, Aged About 71 Years, Resident Of B-43, Karamchari Colony, Alwar The Then Patwari Halka Thos, Tehsil Tijara, District Alwar (Raj.)

----Accused-Appellant Versus State Of Rajasthan, Through P.P.

----Respondent

For Appellant(s) : Mr. Dinesh Kumar Garg Mr. Rajneesh Gupta For Respondent(s) : Mr. Imran Khan, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

01/12/2021 Heard.

Record of the case be summoned.

List after four weeks.

S.B. Criminal Misc. Applications for Suspension of Sentence

No.1197/2021 & 1198/2021 :

Heard on applications for suspension of sentence.

Appellants have filed the appeals along with applications for

(2 of 3) [CRLAS-1924/2021]

suspension of sentence.

These appeals have been preferred against the judgment of

conviction and sentence dated 18.11.2021 passed by the Sessions

Judge, Special Court, Prevention of Corruption Act, Alwar in

Sessions Case No.65/2015, by which the appellants, 1. Mahaveer

Prasad has been convicted under Section 7 of the Prevention of

Corruption Act r/w Section 120B of IPC, 13(1)(D) r/w 13(2) of the

Prevention of Corruption Act and Section 120B of IPC and 2.

Radhey Shyam has been convicted under Section 7 and 13(1)(D)

r/w 13(2) of the Prevention of Corruption Act and Section 120B of

IPC and both of them were sentenced to maximum term of three

years.

It has been submitted on behalf of the appellants that the

appellants have been falsely implicated in the case. Prosecution

evidence suffers from material contradictions and infirmities.

Appellants have been sentenced to a maximum term of three

years. As per certificate under Rule 311(3) of the Rajasthan High

Court Rules, 1952, the appellants were on bail during trial and

presently, their sentence has been suspended for a period of one

month by the trial court. Hearing of appeals may take long time.

Learned Public Prosecutor has opposed the applications for

suspension of sentence.

Heard learned counsel for the parties and scanned the

evidence available on record carefully.

Taking into consideration the submissions of learned counsel

for the appellants, overall facts and circumstances of the case but

without commenting upon detailed merits of the case, this Court

(3 of 3) [CRLAS-1924/2021]

deems just and proper to allow the applications for suspension of

sentence.

Accordingly, the applications for suspension of sentence are

allowed and it is ordered that the sentence awarded to accused-

appellants Mahaveer Prasad S/o Shri Pokarmal and Radhey

Shyam S/o Shri Mool Chand Sharma shall remain suspended

till disposal of criminal appeals and they be released on bail,

provided each of them furnishes a personal bond of Rs.50,000/-

and two sureties of Rs.25,000/- each to the satisfaction of the

learned trial court for their appearance in this Court on 03 rd

January, 2022 and as and when called upon to do so.

(MANOJ KUMAR VYAS),J

Hemant/57-58

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