Ramkaran Bhakar S/O Shri ... vs C.B.I
2021 Latest Caselaw 6442 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

              S.B. Criminal Appeal No. 1578/2021

Ramkaran    Bhakar    S/o     Shri      Ramchandra            Bhakar,   Present
Address-22, Satya Vihar, Lalkothi Scheme, Jaipur, Permanent
Address-104, Pearl Excellency, Gandhinagar, Jaipur.
                                                                  ----Appellant
                                 Versus
CBI, Jaipur Through Public Prosecutor.
                                                               ----Respondent

Connected With S.B. Criminal Appeal (Sb) No. 1539/2021 Om Dalal Son Of Shri Jile Singh, Present Address 35, Subhagaya Apartment, Sector-9, Rohini, New Delhi, Permanent Address 451, V.P.O Asanda (Siwan) District Jhajjar Haryana

----Appellant Versus CBI, Through Special P.P

----Respondent S.B. Criminal Appeal (Sb) No. 1540/2021 Narendra Singh Son Of Shri Pratap Singh, Resident Of G-21, Rose Apartment, Sector 14 Rohini New Delhi

----Appellant Versus CBI, Through Special PP

----Respondent S.B. Criminal Appeal (Sb) No. 1629/2021 Prof. Trilok Kumar Garg S/o Late Sh. Madan Gopal Garg, Aged About 75 Years, R/o House No. 640, Huda Sector -5, Urban Estate Kurukshetra, Haryana

----Appellant Versus CBI, Through PP

----Respondent S.B. Criminal Appeal (Sb) No. 1630/2021 Bishwambhar Prasad Singh S/o Late Shri Rajnarayan Singh, R/o

(2 of 4) [CRLAS-1578/2021]

354, Prodyogiki Apartment, Sector -3. Plot No. 11, Dwarka New Delhi (Presently On Bail Granted By Ld. Trial Court By Order Dated 23.09.2021 By Which The Benefit Of Section 389 Cr.P.C. Was Extended Till 22.10.2021)

----Appellant Versus CBI Jaipur, Through PP

----Respondent S.B. Criminal Appeal (Sb) No. 1631/2021 Data Ram Bhaskar S/o Late Shri Udal Singh Bhaskar, R/o Plot No. 25-D, Pocket -C, S.F.S. D.D.A Flats, Mayur Vihar, Phase-3, New Delhi 110096 (Presently On Bail Granted By Ld. Trial Court By Order Dated 23.09.2021 By Which The Benefit Of Section 389 Cr.P.C. Was Extended Till 22.10.2021)

----Appellant Versus CBI Jaipur, Through P.P

----Respondent

For Appellant(s) : Mr. Kapil Gupta with Mr. Ajay Choudhary Mr. Pankaj Gupta Mr. Abhey Jain with Mr. Parinitoo Jain Mr. Narendra Singh Bisth for Mr. Rajendra Singh Rajawat Mr. Nishant Singh Mr. Hitesh Kumar For Respondent(s) : Mr. Ashwini Kumar Sharma, CBI, through VC

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

15/11/2021

Heard.

Appeals are admitted.

IN SOS Applications No.:- 974/2021, 951/2021, 952/2021,

1004/2021, 1005/2021, 1006/2021:-

(3 of 4) [CRLAS-1578/2021]

1. Heard on applications for suspension of sentence.

2. The appellants have filed these appeals along with

applications for suspension of sentence.

3. These appeals have been preferred against the

judgment dated 23.09.2021 passed by court of learned Special

Judge, (CBI) No.1, Jaipur (Rajasthan) in Special Criminal Case No.

12/2012 by which the appellants namely Om Dalal, Narendra

Singh, Prof. Trilok Kumar Garg, Bishwambhar Prasad Singh and

Data Ram Bhaskar have been convicted for offence/s under

Sections 420 read with 120B, 468 read with 120B, 471 read with

120B of IPC and section 13(1)(D)(ii), Section 13(2) of PC Act,

1988 and appellant- Ramkaran Bhakar has been convicted for

offence/s under Sections 420 read with 120B, 468 read with 120B,

471 read with 120B of IPC and section 13(1)(D)(ii), Section 13(2)

of PC Act, 1988 read with Section 120 B of IPC. All appellants

were sentenced to maximum term of three years imprisonment.

4. It has been submitted by learned counsel for the

appellants that appellants have been sentenced to maximum term

of three years imprisonment . As per certificate under Rule 311(3)

of Rajasthan High Court Rules, 1952, the appellants were on bail

during trial and their sentences have been suspended for a period

of one month in exercise of power under Section 389 of Criminal

Procedure Code. Presently, they are on bail.

5. Learned Public Prosecutor has opposed the applications

for suspension of sentence.

6. Heard learned counsel for the parties and scanned the

evidence available on record.

(4 of 4) [CRLAS-1578/2021]

7. Taking into consideration the submissions of learned

counsel for the parties, evidence available on record and overall

facts and circumstances of the case but without commenting upon

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

applications for suspension of sentence.

8. Accordingly, the applications for suspension of sentence

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

appellants 1. Ramkaran Bhakar S/o Shri Ramchandra Bhakar, 2.

Om Dalal Son Of Shri Jile Singh, 3. Narendra Singh Son Of Shri

Pratap Singh, 4. Prof. Trilok Kumar Garg S/o Late Sh. Madan Gopal

Garg, 5. Bishwambhar Prasad Singh S/o Late Shri Rajnarayan

Singh and 6. Data Ram Bhaskar S/o Late Shri Udal Singh Bhaskar,

shall remain suspended till disposal of these criminal appeals and

they shall be released on bail provided each of them furnishes a

personal bond of Rs. 1,00,000/- (One Lakh) and two sureties of

Rs. 50,000/- (Fifty Thousand) each to the satisfaction of the

learned trial Court for their appearance in this Court on

15.12.2021 and as and when called upon to do so.

Copy of this order be placed in each connected file.

(MANOJ KUMAR VYAS),J

Pooja /61-66

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