Kailashchandra Sharma vs State Of Rajasthan
2022 Latest Caselaw 14761 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Application for Suspension of Sentence No.1176/2022 S.B. Criminal Appeal No. 1968/2022

Kailashchandra Sharma S/o Shri Narayanlal Sharma, Aged About 40 Years, R/o Vill. Lasadiya Post Ghodas Via Bagore Tehsil Mandal Dist. Bhilwara The The Contractual Junior Technical Assistant In The Office Of Viaks Adhikari Panchayat Samiti Asind Dist. Bhilwara (Presently Lodged In Dist. Jail Bhilwara)

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

----Respondent

For Appellant(s) : Mr. Naresh Singh For Respondent(s) : Mr. M.A. Siddiqui, GA-cum-AAG Mr. SS Rajpurohit, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

15/12/2022

Heard learned counsel for the appellant and learned public

prosecutor on application seeking suspension of sentence.

Learned counsel for the applicant-appellant submits that the

appellant has nothing to do with the alleged offence. The recovery

of the tainted amount was not effected from the exclusive and

conscious position of the appellant rather, it is said to be

recovered from a cot lying in room. The appellant was employed

on contract basis and working as a Technical Assistant, he was not

empowered to do anything for the complainant rather it was to be

done by BDO Panchayat Samiti. The appellant was on bail during

the entire course of trial. Therefore, learned counsel for the

appellant submits that the sentence awarded to the accused-

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appellant may be suspended as the hearing of the appeal may

take long time to conclude.

Per contra, learned Public Prosecutor has vehemently

opposed the prayer made by the learned counsel for the accused-

appellant for suspending the sentences.

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 28.11.2022 in

Sessions Case No.102/2015 (19/2013) (CIS No.107/2015) against

the applicant/appellant Kailashchandra Sharma S/o Shri

Narayanlal Sharma 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.1,00,000/- with two

sureties of Rs.50,000/- each to the satisfaction of the learned

trial Judge for his appearance in this Court on 16.01.2023 and

whenever ordered to do so till the disposal of the appeal on the

conditions indicated below:-

1. That he/she/they will appear before the trial

Court in the month of January of every year till the

appeal is decided.

2. That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their address(s), 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-applicant(s) in a separate file. Such file be registered

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as Criminal Misc. Case related to original case in which the

accused-applicant(s) was/were 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 applicant(s) does not appear before the trial

court, the learned trial Judge shall report the matter to the High

Court for cancellation of bail.

(FARJAND ALI),J 20-Anshul/-

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