Govind Sahai Bhardwaj Son Of Shri ... vs State Of Rajasthan
2022 Latest Caselaw 99 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

     S.B. Criminal Misc (Suspension of Sentence) Application
                                    No.5/2022
                                        IN
                   S.B. Criminal Appeal No. 9/2022

Govind Sahai Bhardwaj Son of Shri Narain Sahai Bhardwaj, Aged
About 77 Years, Resident Of 45, Scheme Number 7, District
Alwar (Rajasthan)
                                                          ----Accused-Appellant
                                      Versus
State Of Rajasthan, Through Public Prosecutor
                                                                 ----Respondent

For Appellant(s) : Mr. Ashwani Kumar Chobisa, 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-5/2022]

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 trial and the trial Court has suspended the

sentence for a period of one month. 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 Govind Sahai Bhardwaj

S/o Shri Narain Sahai Bhardwaj by the trial Court shall remain

suspended during the pendency of the appeal, provided he

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 he 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 /105

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