Citation : 2021 Latest Caselaw 6402 Raj/2
Judgement Date : 11 November, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Appeal No. 1810/2021
Bhupendra Singh Son Of Shri Raghunath Singh, Aged About 60
Years, Resident Of Village Koyla, Police Station Sadar, District
Baran (Raj), The Then Lower Division Clerk (Cashier) Office Of
Tehsildar Tehsil Baran (Raj)
----Appellant
Versus
State Of Rajasthan, Through P.P
----Respondent
For Appellant(s) : Mr. Nitin Kumar Sharma For Respondent(s) : Mr. Bhawani Shankar Sharma, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
11/11/2021
Heard.
Appeal is admitted.
Record of the case be summoned.
List after four weeks.
S.B. Criminal Misc. (SOS) Application No.1113/2021
Heard on the 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 27.10.2021 passed by the Court of
Special Judge, Sessions Court, Prevention of Corruption Act, Kota
(Raj.) in Sessions Case No.48/2013, by which the appellant has
(2 of 3) [CRLAS-1810/2021]
been convicted for offences under Sections 7 & 13 (1)(D) read
with Section 13(2) of Prevention of Corruption Act, 1988 and
sentenced to maximum term of two years.
It has been submitted by learned counsel for the
appellant that the appellant has been convicted for offence under
Sections 7 & 13 (1)(D) read with Section 13(2) of Prevention of
Corruption Act and has been sentenced to maximum term of two
years of imprisonment. As per certificate under Rule 311(3) of the
Rajasthan High Court Rules, the appellant was on bail during trial.
Now, sentence of the appellant has been suspended by the
learned trial court. Presently, he is on bail.
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, 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 Bhupendra Singh Son Of Shri Raghunath Singh 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.50,000/- (Fifty Thousand) and two sureties of
Rs.25,000/- (Twenty Five Thousand) each to the satisfaction of
(3 of 3) [CRLAS-1810/2021]
the learned trial court for his appearance in this Court on 13 th
December, 2021 and as and when called upon to do so.
(MANOJ KUMAR VYAS),J
Sunita/29
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