Rajasthan High Court
Jagdeesh Son Of Shri Shibban Lal vs State Of Rajasthan on 22 October, 2021
Bench: Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. (SOS) Application No.1021/2021
In
S.B. Criminal Appeal No. 1666/2021
Jagdeesh Son Of Shri Shibban Lal, Aged About 67 Years,
Resident Of Khohari Kalan, Tehsil Tauru District Nuh, Mewat
Haryana
----Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
Connected With
S.B. Criminal Misc. (SOS) Bail Application No.1022/2021
In
S.B. Criminal Appeal No. 1667/2021
Mohammad Salik S/o Shri Mohammad Zamal, Aged About 37
Years, Resident Of B-231, Aashiyana Bagicha, Bhiwadi, District
Alwar
----Appellant
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
S.B. Criminal Misc. (SOS) Application No.1023/2021
In
S.B. Criminal Appeal No. 1668/2021
Pooranchand Son Of Sh. Bharatha Ram, Aged About 60 Years,
Resident Of Mohalla Nai Kothi Bansur District Alwar, Rajasthan
----Appellant
Versus
State Of Rajasthan, Through Its Public Prosecutor
----Respondent
For Appellant(s) : Mr. Rahul Tiwari
Mr. Virendra Prajapat for
Ms. Soniya Kumari
(2 of 3) [CRLAS-1666/2021]
For Respondent(s) : Mr. Imran Khan, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
22/10/2021
1. Heard on applications for suspension of sentence.
2. The appellants have filed the appeals along with applications
for suspension of sentence.
3. The appeals have been preferred against the judgment of
conviction and sentence dated 06.10.2021 passed by the Court of
learned Special Judge, Special Court, Prevention of Corruption Act,
Alwar in Criminal Regular Case No.04/2013 (CIS No.8739/2014),
by which the appellants-Jagdeesh and Mohammad Salik have been
convicted under Sections 420 IPC, 467 read with Section 120B
IPC, 468 read with Section 120B IPC and Section 471 read with
Section 120B IPC and sentenced to maximum term of three years.
Appellant-Pooranchand has been convicted under Sections 13(1)
(D) read with Section 13(2), 420, 467, 468 and 471 of IPC and
sentenced to maximum term of three years.
4. It has been submitted that the appellants have been falsely
implicated in the cases. Appellant Jagdeesh was bonafide
purchaser and Mohammad Salik was the power of attorney holder.
There is no cogent and reliable evidence on record to connect the
appellants with the crime. There are material contradictions and
infirmities in the prosecution witnesses. Decision of the appeals
may take considerable time. As per certificate produced under
Sub-Rule (3) of Rule 311 of the Rules of High Court of Judicature
(3 of 3) [CRLAS-1666/2021]
for Rajasthan, 1952, the appellants were on bail during the trial
and now the sentence has been suspended by the learned trial
court for 30 days.
5. Heard learned counsel for the appellants as well as learned
Public Prosecutor and perused the impugned judgment.
6. Learned Public Prosecutor has opposed the applications for
suspension of sentence.
7. Taking into consideration the submissions of learned counsel
for the appellants, evidence available on record and overall facts
and circumstances of the cases but without commenting upon
detailed merits of the cases, this Court deems just and proper to
allow the applications for suspension of sentence.
8. Accordingly, the applications for suspension of sentence are
allowed and it is ordered that the sentence awarded to accused-
appellants (1) Jagdeesh Son Of Shri Shibban Lal (2)
Mohammad Salik S/o Shri Mohammad Zamal and (3)
Pooranchand Son Of Sh. Bharatha Ram shall remain
suspended till disposal of these criminal appeals and they be
released on bail, provided each of the appellant furnishes a
personal bond of Rs. 1,00,000/- (Rupees One Lakh) and two
sureties of Rs.50,000/- (Rupees Fifty Thousand) 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
Sunita/65-67
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