Smt. Mahesh Meena W/O Sh. Om ... vs State Of Rajasthan
2021 Latest Caselaw 6590 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

 S. B. Criminal Misc. Suspension of Sentence App. No. 1033/2021
                                 IN
                S.B. Criminal Appeal No. 1683/2021
1.     Smt. Mahesh Meena W/o Sh. Om Prakash, R/o Village
       Panchayat Harsana Tehsil Laxmangarh, District Alwar,
       Then Sarpanch Village Panchayat Harsana, Panchayat
       Samiti Laxmangarh, District Alwar (Confined At District
       Jail, Alwar)
2.     Leelaram S/o Sh. Dhudhiya Ram, Aged About 56 Years,
       R/o Village Garu, Tehsil Kahtumar, District Alwar Then
       Secretary, Village Panchayat Harsana, Panchayat Samiti
       Laxmangarh, District Alwar District Jaipur (Confined At
       District Jail Alwar)
                                                                 ----Appellants
                                    Versus
State Of Rajasthan, Through Its PP
                                                                ----Respondent

For Appellant(s) : Mr. Rajesh Goswami with Mr. Y. V. Nandwana For Respondent(s) : Mr. Bhawani Shankar Sharma, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS Order 16/11/2021

1. Heard on application for suspension of sentence.

2. The appellants have filed the appeal along with

application for suspension of sentence.

3. The appeal has been preferred against the judgment

dated 18.10.2021 passed by court of Special Judge, Special Court,

Anti Corruption Act, Alwar, in Case No. 02/2017, CIS No. 02/2017

by which the appellants have been convicted for offence/s under

Sections 120B, 409 of IPC and 13(1)(C)(D) read with 13(2) of

Prevention of Corruption Act and sentenced to maximum term of

four years imprisonment.

4. It has been submitted by learned counsel for the

(2 of 2) [SOSA-1033/2021]

appellants that appellants have been sentenced to maximum term

of four years imprisonment. The appellants were on bail during

trial and now they are in judicial custody since 18.10.2021. There

is no reliable evidence against the appellants. The inspection of

the road was done after four years of its completion. There are

several material contradictions and infirmities in the prosecution

evidence. Hearing of the appeal may take long time.

5. Learned Public Prosecutor has opposed the application

for suspension of sentence.

6. Heard learned counsel for the parties and scanned the

evidence available on record.

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

application for suspension of sentence.

8. Accordingly, the application for suspension of sentence

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

appellants 1. Smt. Mahesh Meena W/o Sh. Om Prakash, and 2.

Leelaram S/o Sh. Dhudhiya Ram, shall remain suspended till

disposal of this criminal appeal 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 16.12.2021 and as and when called upon to do so.

(MANOJ KUMAR VYAS),J Pooja /64

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