Dheer Singh Son Of Parsaram vs State Of Rajasthan
2021 Latest Caselaw 5951 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

           S.B. Criminal Misc. Bail (Suspension of Sentence)
                        Application No.994/2021
                                         In
                   S.B. Criminal Appeal No. 1614/2021

Dheer Singh Son Of Parsaram, Resident Of B-21, Shanti Nagar,
Gurjar Ki Thadi, Jaipur, Presently Junior Accountant, Office Of
Zonal Engineer, Prathviraj Nagar, Jaipur Development Authority,
Jaipur
                                                           ----Accused-Appellant
                                     Versus
State Of Rajasthan, Through PP
                                                                  ----Respondent

For Appellant(s) : Mr. Banwari Lal Sharma Mr. Namo Narayan Sharma For Respondent(s) : Mr. Bhawani Shankar Sharma, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

26/10/2021

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 28.09.2021 passed by the Court of

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

No.3, Jaipur Metropolitan-II in Regular Sessions Case

No.12/2016(54/2006), by which the appellant has been convicted

under Sections 7, 13(1)(D)(i) R/w 13(2) of Prevention of

Corruption Act and sentenced to maximum term of two years.

(2 of 2)

It has been submitted on behalf of the appellant that the

appellant has been falsely implicated in the matter. There is no

reliable evidence on record. The prosecution has not been able to

prove the charges by sufficient evidence. As per certificate under

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

on bail during trial and his sentence has been suspended by the

learned trial court for a period of one month. Presently, he is on

bail. Decision of the appeal may take considerable time.

Heard learned counsel for the parties and scanned the

evidence available on record carefully.

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 Dheer Singh S/o Parsaram 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 court on 26 th

November, 2021 and as and when called upon to do so.

(MANOJ KUMAR VYAS),J

Hemant/12

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