Sushil Kumar Sharma S/O Shri ... vs State Of Rajasthan
2021 Latest Caselaw 5507 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

 S.B. Criminal Miscellaneous Suspension of Sentence Application
                                   No. 953/2021

                                          In

                   S.B. Criminal Appeal No. 1551/2021

Dr. Sushil Kumar Sharma S/o Shri Satynarayan Sharma, Aged
About 46 Years, R/o Village Chudi Ajitgarh, Police Station
Mukundgarh,        District       Jhunjhunu.       The     Then     Medical   Office
Incharge Government Urban Dispensary Mukundgarh District
Jhunjhunu
                                                                      ----Appellant
                                      Versus
State Of Rajasthan, Through P.P.
                                                                    ----Respondent

For Appellant(s) : Mr. Arun Singh Shekhawat, Advocate For Respondent(s) : Mr. B.S. Sharma, PP

HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Order

01/10/2021

This application for suspension of sentence has been preferred on

behalf of the applicant/appellant under Section 389 of Cr.P.C. to

suspend the sentence awarded by Special Judge, Prevention of

Corruption Act, No.2, Jaipur vide its judgment dated 17.09.2021 in

Criminal Case No. 89/2016 (25/2011).

Learned counsel appearing for the applicant/appellant submits

that the applicant/appellant was on bail during trial and presently he is

on bail upto 16.10.2021. Hence, sentence awarded to the

applicant/appellant may be suspended during pendency of the appeal.

(2 of 2)

On the other hand, learned Public Prosecutor appearing for the

State, has opposed the application for suspension of sentence.

Heard learned counsel appearing for the applicant/appellant as

well as learned Public Prosecutor and perused the material made

available on record.

Considering the submissions made by learned counsel appearing

for the applicant/appellant and taking into consideration overall facts

and circumstances of the case; but, without expressing any opinion on

the merits and demerits of the case, this court deems it just and proper

to suspend the sentence awarded to the applicant/appellant.

Accordingly, the application for suspension of sentence is allowed

and it is ordered that execution of the sentence awarded by the trial

court to the applicant/appellant, namely Dr. Sushil Kumar Sharma

S/o Shri Satynarayan Sharma shall remain suspended during the

pendency of appeal; provided he furnishes a personal bond in the sum

of Rs.1,00,000/- with two sureties in the sum of Rs.50,000/- each to

the satisfaction of the learned trial Court with the stipulation that he

shall appear before this Court on 08.11.2021 thereafter as and when

called upon to do so.

(CHANDRA KUMAR SONGARA),J

PAYAL/55

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