Abdul Farid S/O Sh. Abdul Vaheed vs State Of Rajasthan
2021 Latest Caselaw 6787 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

           S.B. Criminal Misc. Suspension of Sentence

                      Application No.961/2021

                                       In

              S.B. Criminal Appeal No. 1559/2021

Abdul Farid S/o Sh. Abdul Vaheed, Aged About 52 Years, R/o In
Back Of Purana Thana, Khanpur District Jhalawar, The Then
Grade-D, Contractor, PWD, Khanpur, District Jhalawar, Raj.
(Accused In Jail At Kota)
                                                         ----Accused/Appellant
                                   Versus
State Of Rajasthan, Through Public Prosecutor
                                                                ----Respondent

For Appellant(s) : Mr. Rohit Khandelwal For Respondent(s) : Mr. Imran Khan, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

22/11/2021

Heard on application for suspension of sentence.

The appellant has filed the appeal along with application for

suspension of sentence.

This appeal has been preferred against the judgment of

conviction and sentence dated 23.09.2021 passed by the Court of

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

in Sessions Case No.45/2011, by which the appellant has been

convicted under Section 120B of IPC, Section 7 of P.C. Act, 1988

R/w Section 120B of IPC and Section 13(1)(d) R/w 13(2) of P.C.

(2 of 3)

Act R/w Section 120B of IPC and sentenced to maximum term of

five years.

It has been submitted by learned counsel for the appellant

that the appellant has been sentenced to a maximum term of five

years of sentence for offence under Section 13(1)(d) R/w 13(2) of

the Prevention of Corruption Act, 1988 R/w Section 120B of IPC.

During trial, he was on bail and now, he is in custody since

23.09.2021. Main co-accused Yogendra Kumar has died during the

trial. Appellant has been convicted with the aid of Section 120B of

IPC. There are number of contradictions and infirmities in the

prosecution evidence. Hearing of appeal may take long time.

Learned Public Prosecutor has opposed the application for

suspension of sentence.

Heard learned counsel for the parties and scanned the

evidence available on record carefully.

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 Abdul Farid S/o Sh. Abdul Vaheed shall remain

suspended till disposal of this criminal appeal and he be released

on bail, provided the appellant furnishes a personal bond of

Rs.1,00,000/- and two sureties of Rs.50,000/- each to the

satisfaction of the learned trial court for his appearance in this

(3 of 3)

Court on 03rd January, 2022 and as and when called upon to do

so.

(MANOJ KUMAR VYAS),J

Hemant/55

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