Citation : 2021 Latest Caselaw 6396 Raj/2
Judgement Date : 11 November, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Appeal No. 1801/2021
Vinod Kumar Sharma S/o Shri Ramcharan Sharma, Aged About
68 Years, Resident Of 3-1-61, Mahaveer Nagar Vistaeryojna Kota
(Raj) The Then Assistant Jailor, Jail Chhabra, District Baran (Raj)
----Accused-Appellant
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Appellant(s) : Mr. Avtar Singh Rathore for Mr. Anil Kumar Upman For Respondent(s) : Mr. Bhawani Shankar Sharma, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order 11/11/2021 Heard.
Admit.
Record of the case be summoned.
List after four weeks.
S.B. Criminal Misc. Bail (SOS) Application No.1110/2021 :
Heard on application for suspension of sentence.
The appellant has filed the appeal along with application for
suspension of sentence.
This appeal has been preferred against the judgment of
conviction and sentence dated 28.10.2021 passed by the Special
Judge, Sessions Court (Prevention of Corruption Act), Kota in
Sessions Case No.21/2014, by which the appellant has been
convicted under Section 7 of the Prevention of Corruption Act,
1988 and sentenced to maximum term of three years.
(2 of 2) [CRLAS-1801/2021]
It has been submitted by learned counsel for the appellant
that the appellant has falsely been implicated in the case. He has
been sentenced to a maximum term of three years of
imprisonment under Section 7 of the Prevention of Corruption Act.
As per certificate under Rule 311(3) of the Rajasthan High Court
Rules, the appellant was on bail during trial. Hearing of appeal
may take long time.
Learned Public Prosecutor has opposed the application for
suspension of sentence.
Heard learned counsel for the parties.
Taking into consideration the submissions of learned counsel
for the appellant, overall facts and circumstances of the case but
without commenting upon detailed merits of the case, this Court
deems 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 Vinod Kumar Sharma S/o Shri Ramcharan Sharma
shall remain suspended till disposal of this criminal appeal and he
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 13th December, 2021 and as and when called upon to do
so.
(MANOJ KUMAR VYAS),J
Hemant/26
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