Jaiveer Singh Son Of Ram Swaroop ... vs Cbi Branch
2022 Latest Caselaw 149 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

S.B. Criminal Misc. Bail Application No.1196/2021 (Suspension of
                         Sentence Application)
                                        IN
               S.B. Criminal Appeal No. 1921/2021

Jaiveer Singh Son of Ram Swaroop Urf Rajswaroop, Assistant
Garrison    Engineer,    E/MMES         (Military       Engineering   Services)
Kanjoli Lines Bharatpur Resident Of Quarter No. 126, Bhutal
Kanjoli Line, MES Bharatpur Rajasthan (Accused In Central Jail,
Jaipur)
                                                          ----Accused/Appellant
                                    Versus
CBI Branch, Jaipur
                                                                 ----Respondent

For Appellant(s) : Mr. Zubin Mehta, through VC Mr. Kersi Jehangir Mehta, through VC For Respondent(s) : Mr. Ganesh Saini, P.P.

Mr. Ashwini Kumar Sharma, for CBI

HON'BLE MR. JUSTICE UMA SHANKER VYAS

Order

06/01/2022

Heard on application for suspension of sentence.

The appellant has filed the appeal along with application for

suspension of sentence.

The appeal has been preferred against the judgment of

conviction and sentence dated 01.11.2021 passed by the Court of

Special Judge, CBI Cases No.5, Jaipur (Rajasthan) in Special

Criminal Case No.17/2018, by which the appellant has been

convicted for offences under Section(s) 7 and 13(1)(D) read with

Section 13(2) of PC Act and sentenced to maximum term of four

years.

(2 of 2) [SOSA-1196/2021]

It has been submitted by learned counsel for the appellant

that the appellant has been falsely implicated in this case. There

are material contradictions and infirmities in the prosecution

evidence. He has been sentenced to maximum term of four years

of imprisonment for offence under Section 13(1)(D) read with

Section 13(2) of PC Act. The appellant was on bail during trial.

Now, he is in custody since more than two months. Hearing of the

appeal may take long time.

Heard learned counsel for the parties.

Learned Public Prosecutor has opposed the application for

suspension of sentence.

Taking into consideration the submissions of learned counsel

for the appellant, evidence available on record and overall facts

and circumstances of the case but without commenting upon

detailed merits of the case, this Court deems it just and proper to

allow the application for suspension of sentence.

Accordingly, the application for suspension of sentence is

allowed and it is ordered that the sentence awarded to accused-

appellant Jaiveer Singh S/o Ram Swaroop Urf Rajswaroop

shall remain suspended till disposal of this criminal appeal and he

shall be released on bail, provided the appellant furnishes a

personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/-

each to the satisfaction of the learned trial Court for his

appearance in this Court on 6th February, 2022 and as and when

called upon to do so.

(UMA SHANKER VYAS),J

DANISH USMANI /21

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