Nathuram vs State Of Rajasthan
2023 Latest Caselaw 6456 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension of Sentence Application No.1052/2023

IN S.B. Criminal Appeal No. 1703/2023 Nathuram S/o Sh. Mularam, Aged About 52 Years, B/c Jat, R/o Batadu, Teh. Baitu, Dist. Barmer Presently R/o Darbari, Dist. Jaisalmer.

----Appellant Versus State Of Rajasthan, Through Pp

----Respondent

For Appellant(s) : Mr. Bhanwar Lal Dudy For Respondent(s) : Mr. Abhishek Purohit, AGA

HON'BLE MR. JUSTICE FARJAND ALI

Order

28/08/2023 The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment dated

08.08.2023 passed by the learned Special Judge (Prevention of

Corruption Act) No.2 Jodhpur in Criminal Original Case

No.105/2021(66/2018) whereby he was convicted and sentenced

to suffer maximum imprisonment of 03 years under Section 13 (1)

(d) R/w Section 13(2) of the Prevention of Corruption Act and

lesser punishment for the other offences under Sections 7 of

Prevention of Corruption Act.

It is contended on behalf of the applicant that the learned

trial Judge has not appreciated the correct, legal and factual

aspects of the matter and thus, reached at an erroneous

conclusion of guilt, therefore, the same is required to be

(2 of 3)

appreciated again by this court. The sentence of the accused-

petitioner has already been suspended by the trial court. (He was

on bail during trial and did not misuse the liberty so granted to

him; hearing of the revision is likely to take long time, therefore,

the application for suspension of sentence may be granted.

Per contra, learned public prosecutor has vehemently

opposed the prayer made on behalf of the accused-applicant for

releasing the petitioner on application for suspension of sentence.

Heard and perused the material available on record.

Considering the submissions of learned counsel for the

parties and looking to the totality of facts and circumstances of

the case, more particularly the facts/fact that the accused-

petitioner was on bail during the course of trial and the hearing of

revision is likely to take further more time and considering the

overall submissions while refraining from passing any comments

on the niceties of the matter and the defects of the prosecution as

the same may put an adverse effect on hearing of the revision,

this court is of the opinion that it is a fit case for suspending the

sentence awarded to the accused-petitioner.

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 learned Special Judge (Prevention of

Corruption Act) No.2 Jodhpur who passed the impugned order

08.08.2023 in Criminal Original Case No.105/2021(66/2018)

against the petitioner-applicant- Nathuram S/o Sh. Mularam

shall remain suspended till final disposal of the aforesaid appeal

(3 of 3)

and he shall be released on bail provided he executes a personal

bond in the sum of Rs.50,000/-with two sureties of Rs.25,000/-

each to the satisfaction of the learned trial Judge for his

appearance in this court on 27.09.2023 and whenever ordered to

do so till the disposal of the revision on the conditions indicated

below:-

(1) That he will appear before the trial Court in the month of January of every year till the appeal is decided.

(2) That if the applicant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.

(3) Similarly, if the sureties change their addresses, they will give in writing their changed address to the trial Court.

(FARJAND ALI),J 2-Samvedana/-

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