Rajasthan High Court
M/S Gorika Jems And Jwel Pvt. Ltd vs Union Of India on 29 October, 2021
Bench: Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. (SOS) Application No.290/2021
In
S.B. Criminal Revision Petition No. 1087/2021
1. M/s Gorika Jems And Jwel Pvt. Ltd., Khasra No. 61,
Raghuveerpura, Chittor Road, Bundi.
2. Shree Shyam Tulsiram Bihani, Director, Gorika Jems And
Jwel Pvt. Ltd. Bundi, R/o B-4-14, Mahesh Nagar Gore
Gaon West, Mumbai - 62 (Accused Petitioner At Present
Confined In Central Jail Jaipur)
----Petitioners
Versus
1. Union Of India, Through Superintendent (Tax Evasion)
Central Board Of Indirect Taxes Division Kota (Raj)
2. State Of Rajasthan, Through PP
----Respondents
For Petitioner(s) : Mr. Amit Ratnawat
For Respondent(s) : Mr. Bhawani Shankar Sharma, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
29/10/2021
Heard on application for suspension of sentence.
This revision petition has been filed along with
application for suspension of sentence.
The petition has been preferred against the judgment
dated 27.09.2021 passed by the court of Additional District and
Sessions Judge No.6, Jaipur Metropolitan-II (the Appellate Court)
in Criminal Appeal No.08/2020 (CIS No.552/19), affirming the
order dated 18.03.2019 passed by learned Chief Metropolitan
Magistrate (Economic Offences) Jaipur Metropolitan (the trial
(2 of 3) [CRLR-1087/2021]
court) in Criminal Case No.31/2014, by which the petitioners have
been convicted for offence/s under Section 9(1)(i) read with
Section 9AA of the Central Excise Duty Act, 1944 and petitioner
No.2 has been sentenced to maximum term of three years
imprisonment.
It has been submitted on behalf of learned counsel for
the petitioners that the they have been convicted for offences
under Section 9(1)(i) read with Section 9AA of the Central Excise
Duty Act, 1944 and petitioner No.2 has been sentenced to
maximum term of three years. As per certificate under Rule
311(3) of the Rajasthan High Court Rules, the accused-petitioner
No.2 was on bail during trial as well as during pendency of appeal
and now he is confined in Central Jail Jaipur from 27.09.2021.
Decision of the revision petition may take considerable time.
Conviction of the petitioners suffers from legal infirmities.
Learned Public Prosecutor has opposed the application
for suspension of sentence.
Heard learned counsel for the parties and perused the
record.
Taking into consideration the submissions of learned
counsel for the petitioners, overall facts and circumstances of the
case but without commenting upon detailed merits, this Court
deems it 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 the
petitioner No.2 (1) Shree Shyam Tulsiram Bihani shall remain
(3 of 3) [CRLR-1087/2021]
suspended till disposal of this revision petition and he be released
on bail, provided the petitioner No.2 furnishes a personal bond of
Rs.1,00,000/- (One Lakh) and two sureties of Rs.50,000/-(Fifty
Thousand) each to the satisfaction of the learned trial Court for his
appearance in this Court on 29th November, 2021 and as and when
called upon to do so.
(MANOJ KUMAR VYAS),J
Sunita/26
Powered by TCPDF (www.tcpdf.org)
