Subhash Chand S/O Shri Ganpat Ram vs State Of Rajasthan
2021 Latest Caselaw 6696 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                 S.B. Criminal Appeal No. 1853/2021

Subhash Chand S/o Shri Ganpat Ram, Aged About 55 Years,
Resident Of Village Manoharpura Police Station Buhana District
Jhunjhunu,    The     Then      Assistant         Deputy         Inspector   Officer
Incharge   Police    Chowki       Beri,     Police     Station Pilani        District
Jhunjhunu. (At present confined at Central Jail, Jaipur).
                                                                      ----Appellant
                                    Versus
State Of Rajasthan, Through Public Prosecutor
                                                                   ----Respondent

For Appellant(s) : Mr. Nishant Sharma for Mr. Ajeet Singh Shaktawat For Respondent(s) : Mr. Bhawani Shankar Sharma, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS Order

20/11/2021 Heard.

Appeal is admitted.

Record of the case be summoned.

S.B. Criminal Misc. (SOS) Bail Application No.1144/2021

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 27.10.2021 passed by the Court of

Special Judge, Session Court, Anti-Corruption Act, No.2, Jaipur in

Criminal Regular Case No.02/2014, by which the appellant has

been convicted under Sections 7 and 13(1)(D) read with Section

13(2) of the Prevention of Corruption Act, 1988 and sentenced to

(2 of 2) [CRLAS-1853/2021]

maximum term of three years.

It has been submitted by learned counsel for the

appellant that the appellant has been sentenced to maximum term

of three years of imprisonment. As per certificate under Rule

311(3) of the Rajasthan High Court Rules, the appellant was on

bail during trial. Now, his sentence has been suspended for a

period of one month from the date of passing of the judgment

dated 27.10.2021. Presently, he is on bail.

Heard learned counsel for the parties.

Learned Public Prosecutor has opposed the application

for suspension of sentence.

Taking into consideration the submissions of learned

counsel for the appellant, 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 Subhash Chand S/o Shri Ganpat Ram 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 20th December, 2021 and as and when

called upon to do so.

(MANOJ KUMAR VYAS),J

Sunita/67

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