Subedar Rajkumar S/O Lakhmichand vs Central Bureau Of Investigation
2021 Latest Caselaw 7889 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

         S.B. Criminal Misc. (SOS) Application No.1247/2021

                                        In

                  S.B. Criminal Appeal No. 1937/2021

Subedar Rajkumar S/o Lakhmichand, Junior Engineer, B/r.11
Office Assistant, Gerisan Engineer, Mes (Military Engineering
Services) Bharatpur - R/o Quarter No. 127, Type -Iii Kanjoli Line,
Armi Area, Bharatpur Rajasthan Permanent Resident Of Village
Pundari, Post Pundari Tehsil And Police Station Gharonda, District
Karnal, Haryana (At Present Accused Petitioner Confined In
Central Jail, Jaipur)
                                                                     ----Appellant
                                    Versus
Central Bureau Of Investigation, Through Special P.P
                                                                 ----Respondent

For Appellant(s) : Mr. Soni Bajaj with Mr. Guru Charan Singh Gill For Respondent(s) : Mr. Ashwani Kumar Sharma, CBI through VC

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS Order 20/12/2021 Heard on application for suspension of sentence.

The appellant has filed the appeal along with

application for suspension of sentence.

The appeal has been preferred against the judgment of

conviction and sentence dated 01.11.2021 passed by the Court of

Special Judge, CBI Cases No.5, Jaipur (Rajasthan) in Special

Criminal Case No.02/2018, by which the appellant has been

convicted for offences under Sections 7 and 13(1)(D) read with

Section 13(2) of PC Act and sentenced to maximum term of four

years.

(2 of 2) [SOSA-1247/2021]

It has been submitted by learned counsel for the

appellant that the appellant has been falsely implicated in this

case. There are material contradictions and infirmities in the

prosecution evidence. He has been sentenced to maximum term

of four years of imprisonment for offence under Section 13(1)(D)

read with Section 13(2) of PC Act. The appellant was on bail

during trial. Now, he is in custody since more than two months.

Hearing of the appeal may take long time.

Heard learned counsel for the parties.

Learned Public Prosecutor has opposed the application

for suspension of sentence.

Taking into consideration the submissions of learned

counsel for the appellant, evidence available on record and overall

facts and circumstances of the case but without commenting upon

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

allow the application for suspension of sentence.

Accordingly, the application for suspension of sentence

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

appellant Subedar Rajkumar S/o Lakhmichand 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/- and two sureties of Rs.50,000/- each to the

satisfaction of the learned trial court for his appearance in this

Court on 20th January, 2022 and as and when called upon to do

so.

(MANOJ KUMAR VYAS),J

Sunita/83

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