Rajasthan High Court - Jodhpur
Devesh Sharma vs State Of Rajasthan on 12 May, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 609/2022
Devesh Sharma S/o Sh. Harishankar Sharma, Aged About 45
Years, B/c Brahmin, R/o 1/29, Mukhta Prashad Colony, Bikaner.
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Amit Gaur
For Respondent(s) : Mr. AR Choudhary, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
12/05/2022
Admit.
Call for the record.
Heard learned counsel for the parties on the application
seeking suspension of sentence no.388/2022.
Counsel for the appellant submits that the appellant was on
bail during trial and his sentence has already been suspended
temporarily for a period of one month by the learned appellate
court, thus, prayed to suspend the sentence.
Learned PP opposed the application.
Having considered of the totality of facts and circumstances
of the case, I consider it just and proper to suspend the
substantive sentence awarded to the accused appellant.
Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentences awarded to
appellant/s - Devesh Sharma S/o Sh. Harishankar Sharma by
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the learned Sessions Judge (Prevention of Corruption Cases),
Bikaner vide judgment dated 20.04.2022 in Sessions Case
No.35/2013 shall remain suspended till final disposal of aforesaid
appeal provided he executes a personal bond for a sum of
Rs.50,000/- alongwith two solvent sureties in the sum of
Rs.25,000/- each to the satisfaction of learned trial court for his
appearance before this Court on 20.06.2022 and whenever called
upon to do so till the disposal of the appeal on the conditions
inidcated 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(s) 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
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
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court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(DR.PUSHPENDRA SINGH BHATI), J.
167-Sanjay/-
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