Bhanwar Lal Meena vs State Of Rajasthan
2022 Latest Caselaw 14716 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Suspension of Sentence Appl. No. 1154/22

in

S.B.Criminal Appeal No. 1938/2022

Bhanwar Lal Meena S/o Sh. Soram, Aged About 49 Years, Godan, Teh. And P.s. Jahajpur, Dist. Bhilwara, Teh Then Constable No. 621, P.s. Kachola, Dist. Bhilwara. (Presently Lodged In Central Jail, Ajmer).

                                                                       ----Appellant
                                     Versus
State Of Rajasthan, Through Pp
                                                                     ----Respondent


For Appellant(s)           :     Mr. DS Thind
For Respondent(s)          :     Mr. MA Siddiqui, GA-cum-AAG
                                 Mr. AR Malkani, AAAG



              HON'BLE MR. JUSTICE FARJAND ALI

                                        Order

14/12/2022

     Heard    learned     counsel        for    the     applicant-appellant         and

learned public     prosecutor for the               State         on application for

suspension of sentence. Perused the material available on record.

It is contended by the counsel for the applicant-appellant

that there are several flaws in the case of the prosecution. Fact of

recovery is tainted with bias. The electronic evidence cannot be

made admissible unless the requisite certificate under Section 65B

of the Indian Evidence Act is obtained. Learned counsel for the

appellant submits that the judgment of conviction is not

sustainable on account of various grounds including the

submissions that there is no corroborative evidence of the alleged

(2 of 2) [CRLAS-1938/2022]

conversation made in between the complainant and the appellant

and he is facing trial since the year 2009 and almost thirteen

years have lapsed. The matter is required to be re-appreciated &

disposal of the appeal will consume time.

Learned Public Prosecutor has opposed the application for

suspension of sentence.

I have heard and considered the arguments advanced by the

counsel for the parties and have gone through the material

available on record.

Having considered the facts and circumstances, this Court

deems it fit and proper to allow the application for suspension of

sentence filed by the appellant-applicant.

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, Prevention of

Corruption Act, Bhilwara, vide judgment dated 21.11.2022 in

Sessions Case No.58/2015 against the appellant-applicant

Bhanwar Lal Meena S/o Soram shall remain suspended till final

disposal of the aforesaid appeal and he shall be released on bail,

provided he executes 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 he shall appear before this

Court as and when called upon to do so.

(FARJAND ALI),J 199-Arti/-

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