Bhanwar Singh S/O Late Shri ... vs State Of Rajasthan
2021 Latest Caselaw 6404 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Misc. (SOS) Application No.1026/2021

                                          in

                 S.B. Criminal Appeal No. 1672/2021

Bhanwar Singh S/o Late Shri Narayan Singh, Aged About 60
Years, Resident Of Village Aanwa, Police Station Dhuni, District
Tonk Presently Residing At Bapu Colony, Kansuwa Choraha, Kota,
Then     Assistant       Sub       Inspector          Police,      Police   Station
Bhimganjmandi, Kota (Rajasthan) (Presently Confined In Central
Jail, District Kota)
                                                                       ----Appellant
                                      Versus
State Of Rajasthan, Through PP
                                                                   ----Respondent

For Appellant(s) : Mr. Rajendra Singh Tanwar For Respondent(s) : Mr. Ganesh Saini, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

11/11/2021 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 08.10.2021 passed by the Court of

Special Judge, Session Court, Prevention of Corruption Act, Kota

(Rajasthan) in Session Case No.16/2009, by which the appellant

has been convicted for offences under Sections 7 and 13(1)(D)

read with Section 13(2) of the Prevention of Corruption Act, 1988

and sentenced to maximum term of four years.

(2 of 3) [CRLAS-1672/2021]

It has been submitted by learned counsel for the

appellant that the appellant has been sentenced to maximum term

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

Rajasthan High Court Rules, the appellant was on bail during trial.

Now, he is in judicial custody since 08.10.2021. There are several

infirmities and contradictions in prosecution evidence.

Complainant PW-8-Prakash Singh has turned hostile. Statements

of independent witnesses PW-5-Deepak Kumar Gautam and PW-6-

Ramakant are not reliable since there are number of material

contradictions in their cross-examination. Decision of the appeal

may consume considerable time.

Heard learned counsel for the parties and scanned the

evidence available on record carefully.

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 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 Bhanwar Singh Son Of Late Shri Narayan 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.1,00,000/- (One Lakh) and two sureties of Rs.50,000/-

(Fifty Lakh) each to the satisfaction of the learned trial court for

(3 of 3) [CRLAS-1672/2021]

his appearance in this Court on 13th December, 2021 and as and

when called upon to do so.

(MANOJ KUMAR VYAS),J

Sunita/22

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