Vishambhar Dayal Bairwa S/O Mool ... vs State Of Rajasthan
2021 Latest Caselaw 7886 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                  S.B. Criminal Appeal No. 2078/2021

Vishambhar Dayal Bairwa S/o Mool Chand Bairwa, Aged About
54 Years, R/o D-18, Indra Colony, Dausa Rajasthan, At The Time
Of Incident Was Posted As Statistical Assistant Deputation Depo
Manager, Rajasthan Rajaya Beverage Nigam Limited Alwar
Rajasthan
                                                                     ----Appellant
                                    Versus
State Of Rajasthan, Through P.P
                                                                 ----Respondent

For Appellant(s)          :     Mr. Mohit Balwada
For Respondent(s)         :     Mr. Imran Khan, PP



         HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

                                     Order

20/12/2021

     Heard.

     Record of the case be summoned.

     List after four weeks.

IN SOS Application No. 1296/2021:-

1. Heard on application for suspension of sentence.

2. The appellant has filed the appeal along with

application for suspension of sentence.

3. The appeal has been preferred against the judgment

dated 09.12.2021 passed by court of Session Judge, Special

Court, Prevention of Corruption, Alwar (Raj.) in Criminal Case No.

67/2015 by which the appellant has been convicted for offence/s

under Sections 7, 13(1)(D) read with Section 13(2) of PC Act and

(2 of 3) [CRLAS-2078/2021]

sentenced to maximum term of two years imprisonment.

4. It has been submitted by learned counsel for the

appellant that appellant has been sentenced to maximum term of

two years imprisonment for offence under Sections 7, 13(1)(D)

read with Section 13(2) of the Prevention of Corruption Act.

There are material contradictions and infirmities in the prosecution

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

High Court Rules, appellant was on bail during trial and now, his

sentence has been suspended for one month by trial court.

Presently, he is on bail. Hearing of the appeal may take

considerable time.

5. Learned Public Prosecutor has opposed the application

for suspension of sentence.

6. Heard learned counsel for the parties and scanned the

evidence available on record.

7. Taking into consideration the submissions of learned

counsel for the parties, evidence available on record and overall

facts and circumstances of the case but without commenting upon

merits of the case, this Court deems just and proper to allow the

application for suspension of sentence.

8. Accordingly, the application for suspension of sentence

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

appellant Vishambhar Dayal Bairwa S/o Mool Chand Bairwa shall

remain suspended till disposal of this criminal appeal and he shall

be released on bail provided the appellant furnishes a personal

bond of Rs. 1,00,000/- (One Lakh) and two sureties of

Rs.50,000/- (Fifty Thousand) each to the satisfaction of the

(3 of 3) [CRLAS-2078/2021]

learned trial Court for his appearance in this Court on 20.01.2022

and as and when called upon to do so.

(MANOJ KUMAR VYAS),J

Pooja /93

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