Rajasthan High Court
Lokesh Kumar Sharma Son Of Shri ... vs State Of Rajasthan on 21 October, 2021
Bench: Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence
Application No.916/2021
In
S.B. Criminal Appeal No. 1495/2021
Lokesh Kumar Sharma Son Of Shri Vishambhar Dayal Sharma,
Resident Of 4/405, Kala Kuwa Housing Board, Alwar, The Then
Junior Engineer, P.H.E.D. Division Rajgarh, District Alwar (Raj)
(At Present In Central Jail, Alwar)
----Accused/Appellant
Versus
State Of Rajasthan Through P.P.
----Respondent
Connected With
S.B. Criminal Misc. Bail Application for Suspension of
Sentence No.917/2021
In
S.B. Criminal Appeal No. 1496/2021
P.C. Sharma S/o Shri Harishankar Sharma, Aged About 64 Years,
R/o 670, Scheme No. 10-A, Alwar The Then Executive Engineer,
(P.H.E.D.) Rajgarh Division, District Alwar (Rajasthan).
(Presently Lodged In Central Jail At Alwar)
----Accused-Appellant
Versus
State Of Rajasthan Through Public Prosecutor
----Respondent
For Appellant(s) : Mr. Karanpal Singh
Mr. Suresh Kumar Sahni
Mr. Ram Mohan Sharma
For Respondent(s) : Mr. Bhawani Shankar Sharma, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
(2 of 3) [CRLAS-1495/2021]
21/10/2021
Heard on applications for suspension of sentence.
These applications have been filed by the appellants seeking
suspension of sentence passed by Sessions Judge, Special Court,
Prevention of Corruption Act, Alwar in Regular Criminal Case
No.11/2013 (CIS No.8747/2014), whereby the learned trial court
has, vide judgment dated 18.09.2021, convicted the appellants
and sentenced as under :-
U/s 13(2) of Prevention of - Imprisonment of five years
Corruption Act and fine of Rs.25,000/- in
default of payment of fine, further
to undergo simple imprisonment
of one month additionally
Under Section 120B of IPC - Imprisonment of six months and
fine of Rs.25,000/- in default
of payment of fine, further
to undergo simple imprisonment
of one month additionally
It has been submitted on behalf of counsel for the appellants
that they have been falsely implicated in the case. The learned
trial Court has committed error in convicting and sentencing them.
There is no cogent and reliable evidence on record to connect the
appellants with crime. The incident relates to the year 2004, while
the charge-sheet was filed in the year 2013.
It has further been submitted that before filing of the
charge-sheet, departmental inquiry was held in relation to the
same dispute and both the appellants were exonerated in the
departmental inquiry proceedings. During trial, the complaint has
not been examined. There are several material contradictions in
the evidence of the prosecution. There are no criminal
(3 of 3) [CRLAS-1495/2021]
antecedents of the appellants. Decision of the appeal may take
considerable time.
Heard learned counsel for the appellants as well as learned
Public Prosecutor and scanned the evidence available on record
carefully.
Learned Public Prosecutor has opposed the applications for
suspension of sentence.
Taking into consideration the submissions of learned counsel
for the appellants, evidence available on record 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 applications for suspension of sentence.
Accordingly, the applications for suspension of sentence are
allowed and it is ordered that the sentence awarded to accused-
appellants Lokesh Kumar Sharma S/o Shri Vishambhar Dayal
Sharma and P.C. Sharma S/o Shri Harishankar Sharma shall
remain suspended till disposal of criminal appeals and they shall
be released on bail, provided each of them 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 their appearance in this
Court on 22nd November, 2021 and as and when called upon to do
so.
(MANOJ KUMAR VYAS),J
Hemant/18-19
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