Shriram Son Of Shri Ramswaroop ... vs State Of Rajasthan
2021 Latest Caselaw 6406 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

           S.B. Criminal Misc. (SOS) Application No.957/2021
                                        In

                   S.B. Criminal Appeal No. 1555/2021

Shriram Son Of Shri Ramswaroop Jatav, Aged About 65 Years,
Resident of Fatihabad, Tehsil Kishangarh Baas, District Alwar, The
Then Patwari Halka Nayagaon, Tehsil Kishangarh Baas, District Alwar
(Raj) (At present in Central Jail, Alwar).

                                                                   ----Appellant

                                     Versus

State Of Rajasthan, Through P.P

                                                                 ----Respondent

For Appellant(s) : Mr. Rajendra Singh Raghav Mr. Virendra Singh 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 23.09.2021 passed by the Court of

Sessions Judge, Special Court, Prevention of Corruption Act, Alwar

(Raj.) in Regular Criminal Case No.143/2015 (CIS No.143/2015), by

which the appellant has been convicted for offences under Sections 7

and 13 (1)(D)(2) of the Prevention of Corruption Act and sentenced to

maximum term of four years.

It has been submitted by learned counsel for the appellant

that the appellant was on bail during trial. At present, he is confined in

jail from the date of passing of judgment i.e. 23.09.2021. The

(2 of 2) [SOSA-957/2021]

prosecution evidence is contradictory and suffers from infirmities.

Independent witness PW-5 has turned hostile while another

independent witness-Kanhaiyalal could not be examined because he

died during the trial. 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 Shriram Son Of Shri Ramswaroop Jatav 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 his appearance in

this Court on 13th December, 2021 and as and when called upon to do

so.

(MANOJ KUMAR VYAS),J

Sunita/21

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