Pooran Mal vs State Of Rajasthan
2022 Latest Caselaw 8118 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.437/2022

In

S.B. Criminal Appeal No. 709/2022

Pooran Mal S/o Shri Laluram, aged about 40 years, by caste Nai, R/o Kalyanpur, P.S. Kalyanpur, District Barmer, that time working on the post of Assistant Sub-Inspector, P.S. Soorsagar, District Jodhpur, Rajasthan.

                                                                   ----Appellant
                                    Versus
State Of Rajasthan
                                                                 ----Respondent


For Appellant(s)           :    Dr. Nupur Bhati
                                Mr. Sandeep Soni
For Respondent(s)          :    Mr. A.R. Choudhary, PP

HON'BLE MR. JUSTICE MADAN GOPAL VYAS(VACATION JUDGE)

Order

06/06/2022

Heard learned counsel for the applicant-appellant, learned

Public Prosecutor and perused the impugned judgment & record.

By the impugned judgment dated 06.05.2022, learned

Special Judge (Prevention of Corruption Act) No.1, Jodhpur (Raj.)

(for short, 'learned trial Court') convicted and sentenced

applicants for three years' rigorous imprisonment with fine of

Rs.1,000/- for offences under Sections 7, 13(1)(d)(2) of the

Prevention of Corruption Act and in default of payment of fine to

further undergo sentence for six months' rigorous imprisonment.

It is stated at Bar by learned counsel for the applicant that

the applicant has falsely been implicated in this case. It is also

submitted that the complainant in the present case is having

(2 of 2) [CRLAS-709/2022]

enmity against the accused-appellant and, therefore, only on the

basis of the instigation made by him, the accused-appellant has

been entangled in the falsely foisted case. Lastly, learned counsel

has submitted that looking to short sentence awarded by the

learned trial Court, same deserves to be suspended during

pendency of appeal as the hearing of the appeal would take time.

Learned Public Prosecutor has opposed the application for

suspension of sentence.

Having regard to the facts and circumstances of the case, I

feel persuaded to accept this application for suspension of

sentence.

Accordingly, the application for suspension of sentence filed

under Section 389 Cr.P.C. is allowed and it is ordered that the

sentence passed by Special Judge, Prevention of Corruption Act

No.1, Jodhpur, District Jodhpur (Raj.), vide judgment dated

06.05.2022, in Sessions Case No.04/2010 against applicant-

appellant Pooran Mal S/o Shri Laluram, shall remain suspended till

final disposal of the aforesaid appeal provided he furnishes a

personal bond in the sum of Rs.50,000/- with two sureties of like

amount to the satisfaction of learned trial Judge for appearance in

this Court on 07.07.2022 and whenever ordered to do so till

disposal of the appeal.

(MADAN GOPAL VYAS(VACATION JUDGE)),J 83-Hanuman/-

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