Rajasthan High Court
Jaymahesh Awasthi Son Of ... vs Central Bureau Of Investigation on 25 August, 2022
Bench: Kuldeep Mathur
wseHIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Suspension of Sentence Application No.1048/2022
in
S.B. Criminal Appeal No. 1640/2022
Jaymahesh Awasthi Son Of Deendayal Awasthi, Aged About 60
Years, R/o House No. 17, Veer Sawarkar Nagar, Alwar Presently
Residing At J-2, 32 Apna Ghar, Shalimar, Police Station Sadar,
Alwar Rajasthan
----Appellant
Versus
Central Bureau Of Investigation, Through Special P.p
----Respondent
For Appellant(s) : Mr. Dushyant Singh Naruka
For Respondent(s) : Mr. Pradeep Choudhary, Spl. PP CBI
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
25/08/2022
Heard on the application for Suspension of Sentence.
Learned counsel for the appellant has pointed out from the
judgment and record that the appellant has been falsely
implicated in the present case and he is in judicial custody since
long. Counsel further submits that sentence awarded by the Court
below has already been suspended and two years' punishment has
been awarded. Counsel for the appellant also submits that
according to the impugned judgment dated 17.08.2022, the
present petitioner has been convicted for the offence under
Sections 420, 409 and 477(A) of IPC and Section 13(2) read with
Section 13(1)(C) of the Prevention of Corruption Act.
(2 of 3) SOSA-1048/2022
Learned Public Prosecutor opposes the Suspension of
Sentence application.
Heard learned counsel for the parties and perused the record
of the case.
Since, the appellant is in custody since long and final
adjudication of the present appeal is likely to take time, this Court
deems it appropriate to grant the suspension of sentence.
Accordingly, the present Suspension of Sentence application
is allowed and it is ordered that the substantive sentence passed
by the trial court vide judgment dated 17.08.2022 in Sessions
Case No.06/2017 against appellant- Jaymahesh Awasthi Son Of
Deendayal Awasthi shall remain suspended till final disposal of
the aforesaid appeal provided he executes a personal bond in a
sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the
satisfaction of the learned trial Judge for his appearance in this
Court on 27.09.2022 and whenever ordered to do so, till the
disposal of the appeal on the conditions indicated below:-
1. That he will appear before the trial Court in
the month of January of every year till the
appeal is decided.
2. That if the appellant changes the place of
residence, they will give in writing his
changed address to the trial Court as well as
to the counsel in the High Court.
3. Similarly, if the sureties change their
address, they will give in writing their
changed address to the trial Court.
The learned trial Court shall keep the record of attendance of
the accused-appellant in a separate file. Such file be registered as
(3 of 3) SOSA-1048/2022
Criminal Misc. Case related to original case in which the accused-
appellant was tried and convicted. A copy of this order shall also
be placed in that file for ready reference. Criminal Misc. file shall
not be taken into account for statistical purpose relating to
pendency and disposal of cases in the trial court. In case the said
accused-appellant does not appear before the trial court, the
learned trial Judge shall report the matter to this Court for
cancellation of bail.
(KULDEEP MATHUR),J
CHHAYA AWASTHI /77
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