Sunil Kumar Dubey vs Union Of India
2022 Latest Caselaw 14686 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Application for Suspension of Sentence No.1255/2022 IN S.B. Criminal Appeal No. 2085/2022

1. Sunil Kumar Dubey S/o Sh. Gangadhar Dubey, Aged About 50 Years, The Then Deputy Chief Engineer Construction-1 Northern-Western Railway Bikaner R/o House No. 534 Railway Colony South Near Sidesersa Stadium Khadagpur West Bengal-721301

2. Subhash Chandra Verma S/o Sh. Amichand Verma, Aged About 57 Years, The Then Executive Engineer Office Of Deputy Chief Engineer Construction-1 Northern Western Railway Bikaner R/o House No. A-33 Ashok Nagar Malviya Nagar Jaipur Permanent Address B-2/139 Sudharshna Nagar Bikaner Raj.

----Appellants Versus Union Of India, Through Cbi

----Respondent Connected With S.B. Criminal Misc. Application for Suspension of Sentence No.1256/2022 IN

S.B. Criminal Appeal (Sb) No. 2086/2022 Dharmendra Kumar Grover S/o Shri Makhan Lal, Aged About 59 Years, R/o House No. 5-E/89 Jai Narayan Vyas Colony Bikaner (The Then Senior Section Engineer (Drawain) In The Office Deputy Chief Engineer Construction-I Northern-Western Railway Bikaner) Permanent Address 595 Krishna Nagar Hissar Haryana

----Appellant Versus Union Of India, Through Central Bureau Of Investigation

----Respondent S.B. Criminal Misc. Application for Suspension of Sentence No.1257/2022 IN S.B. Criminal Appeal (Sb) No. 2089/2022 Gajendra Gaur S/o Jaibhagwan Gaur, Aged About 58 Years, H.no. 157, Sector 9 Extension, Hanumangarh Junction, Dist. Hanumangarh (Raj.).

                                                                  ----Appellant
                                   Versus



                                       (2 of 3)                    [CRLAS-1255/2022]


1.      Union Of India, Through Cbi
2.      State Of Rajasthan, Through Pp
                                                                 ----Respondents


For Appellant(s)          :    Mr. Vineet Jain, Sr. Adv. assisted by
                               Mr. Devesh Khatri
                               Mr. Dhanesh Kumar Saraswat
                               Mr. Vipul Dharnia
                               Mr. Udit Mathur
                               Mr. Vinod Kumar Sharma
For Respondent(s)         :    Dr. Sachin Acharya. Sr. Adv. assisted
                               by Mr. Rahul Rajpurohit



             HON'BLE MR. JUSTICE FARJAND ALI

                                     Order

14/12/2022

Heard learned counsel for the applicants-appellants and

learned public prosecutor for the State on applications for

suspension of sentence.

Learned counsel for the appellants submit that the

prosecution has miserably failed to prove the charge against the

appellants beyond reasonable doubt. No concrete evidence has

been tendered into evidence so as to reach onto a definite

conclusion of guilt of the accused. Learned trial court has failed to

consider the correct, legal and factual aspects of the matter; there

are even grounds to say that the prosecution sanction was not

accorded in accordance with law. The appellants were convicted

and sentenced to suffer three years rigorous imprisonment and

the trial court has already suspended the sentence of the accused-

appellants. Therefore, learned counsel for the appellants submit

that the sentence awarded to the accused-appellants may be

suspended as the hearing of the appeal may take long time.

     Dr.   Sachin   Acharya         has    opposed        the    applications   for


                                                                            (3 of 3)                      [CRLAS-1255/2022]

suspension of sentence but considers the fact that the sentence

has already been suspended.

Having considered the facts and circumstances of the case

and more particularly looking to the fact that sentence has already

been suspended by the trial court, hearing of appeal will take long

time, therefore, this Court deems it fit and proper to allow the

applications for suspension of sentence filed by the appellants-

applicants.

Accordingly, the application for suspension of sentence filed

under Section 389 Cr.P.C. is allowed and it is ordered that the

sentences passed by the learned Special Judge, CBI Cases,

Jodhpur vide judgment dated 30.11.2022 in Special Criminal Case

No.5/2014 (NCV No.40/2014) against the appellants-applicants

1.Sunil Kumar Dubey S/o Sh. Gangadhar Dubey, 2.Subhash

Chandra Verma S/o Sh. Amichand Verma, 3.Dharmendra

Kumar Grover S/o Shri Makhan Lal and 4.Gajendra Gaur

S/o Jaibhagwan Gaur shall remain suspended till final disposal

of the aforesaid appeal and they will be released on bail, provided

they execute a personal bond in the sum of Rs.50,000/- with two

sureties of Rs.25,000/- each to the satisfaction of the learned trial

Judge to the effect that they will appear before this Court as and

when called upon to do so.

(FARJAND ALI),J 200 to 202-Anshul/-

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