Rajasthan High Court
Nakiuddin Ahmed @ Mohsin Khan S/O ... vs State Of Rajasthan on 15 November, 2021
Bench: Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Application for (Suspension of Sentence)
No.643/2021
In
S.B. Criminal Appeal No. 1194/2021
Nakiuddin Ahmed @ Mohsin Khan S/o Shri Takiuddin Ahmed,
Resident Of House No. 34/41, Kiran Path, Mansarovar, Jaipur (At
Present Confined In Central Jail, Jaipur)
----Appellant
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Appellant(s) : Mr. Syed Shahid Hasan
For Respondent(s) : Mr. Imran Khan, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
15/11/2021
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 02.08.2021 passed by the Court of
Special Judge, Session Court, Prevention of Corruption Act, No.2,
Jaipur in Regular Criminal Case No.101/2016 (07/2005), by which
the appellant has been convicted for offence under Section 7 of
the Prevention of Corruption Act read with Section 120-B of IPC
and Section 13(1)(d) read with Section 13(2) of Prevention of
(2 of 3) [SOSA- 643/2021]
Corruption Act read with Section 120-B of IPC and sentenced to
maximum term of four years.
It has been submitted by learned counsel for the
appellant that the appellant has been sentenced to maximum term
of four years of imprisonment for offence under Section 7 of the
Prevention of Corruption Act read with Section 120-B of IPC and
Section 13(1)(d) read with Section 13(2) of Prevention of
Corruption Act read with Section 120-B of IPC. It has further
submitted that the prosecution has not been able to prove any
demand by the present appellant nor any recovery has been made
from him. The prosecution evidence is not reliable. There are
several contradictions in the prosecution evidence. As per
certificate under Rule 311(3) of the Rajasthan High Court Rules,
the appellant was on bail during trial and after the impugned
judgment dated 02.08.2021, he is presently confined in Central
Jail, Jaipur.
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, 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-
(3 of 3) [SOSA- 643/2021]
appellant Nakiuddin Ahmed @ Mohsin Khan S/o Shri
Takiuddin Ahmed 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 Thousand) each to the
satisfaction of the learned trial court for his appearance in this
Court on 15th December, 2021 and as and when called upon to do
so.
(MANOJ KUMAR VYAS),J
Sunita/54
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