Sushila Saini W/O Late Shri ... vs State Of Rajasthan
2022 Latest Caselaw 100 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

    S.B. Criminal Misc. Application for Suspension of Sentence
                               No.1341/2021
                                        IN
                 S.B. Criminal Appeal No. 2133/2021

Sushila Saini W/o Late Shri Bhupendra Kumar Saini, Aged About
72 Years, Resident Of Sedh Ka Tila, Near Company Bagh Alwar
(Rajasthan) (Sentence Of The Accused Appellant Is Already
Suspended Till 14.01.2022)
                                                         ----Accused-Appellant
                                      Versus
State Of Rajasthan, Through P.P.
                                                                ----Respondent

For Appellant(s) : Mr. Ashwani Kumar Chobisa, with Mr. Prakash Chand Thakuriya, through VC For Respondent(s) : Mr. S.S. Ola, P.P.

HON'BLE MR. JUSTICE UMA SHANKER VYAS

Order

05/01/2022

This suspension of sentence application has been filed by the

applicant seeking suspension of his sentence.

Learned counsel for the applicant has contended that the

applicant was convicted by the Trial Court vide its judgment dated

16.12.2021 for the offence under Section(s) 13(1)(D)(2) of

Prevention of Corruption Act and under Section 120B IPC and

sentenced as under:-

For offence under Section 13(1)(D)(2) of Prevention of Corruption

Act- Imprisonment of three years with a fine of Rs.10,000/-; in

default of payment of fine, to further undergo simple

imprisonment of one month.

(2 of 2) [SOSA-1341/2021]

For offence under Section 120B IPC- Imprisonment of six months

with a fine of Rs.10,000/-; in default of payment of fine, to further

undergo simple imprisonment of one month.

Learned counsel further submits that the accused applicant

was on bail during the trial and presently sentence of the accused

appellant has been suspended by the trial Court till 14.01.2022.

He has prayed that this application for suspension of sentence of

the applicant may be allowed and sentence of the applicant may

be suspended during the pendency of the appeal.

Learned Public Prosecutor has opposed same.

Having heard the learned counsel appearing for the

respective parties and carefully scanned the entire material

available on record, this suspension of sentence application filed

by the applicant is allowed and it is ordered that execution of

sentence awarded to accused applicant Sushila Saini W/o Late

Shri Bhupendra Kumar Saini by the Trial Court shall remain

suspended during the pendency of the appeal, provided she

furnishes a personal bond of Rs. 1,00,000/- (Rs. One Lakh) with

two sureties of Rs.50,000/- (Rupees Fifty Thousand) each before

the concerned Trial Court to the satisfaction of the learned trial

court with the stipulation that she shall appear before this Court

on 05th February, 2022 and thereafter as and when called upon to

do so.

(UMA SHANKER VYAS),J

DANISH USMANI /73

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