Hari Shankar Prajapat vs State Of Rajasthan (2023:Rj-Jd:42420)
2023 Latest Caselaw 10472 Raj

Rajasthan High Court - Jodhpur

Hari Shankar Prajapat vs State Of Rajasthan (2023:Rj-Jd:42420) on 6 December, 2023

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2023:RJ-JD:42420]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Criminal Appeal (Sb) No. 2515/2023

Hari Shankar Prajapat S/o Goverdhan Lal Prajapat, Aged About
72 Years, R/o Near Maliyo Ka Temple, Kalkipura, Bhilwara Than
Senior Clerk, Urban Improvement Trust, Bhilwara.
                                                                   ----Appellant
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Appellant(s)          :     Mr. Naman Mohnot
For Respondent(s)         :     Mr. Aneesh Bhurat, PP



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

06/12/2023

Heard.

Admit.

Issue notice. Learned Public Prosecutor accepts notice on

behalf of State.

Call for record.

Heard learned counsel for the parties on Misc. Bail

Application (Suspension of Sentence) No.1567/2023.

Upon a consideration of the arguments advanced on behalf

of the appellant and having regard to the facts and circumstances

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

suspending the substantive sentence awarded to the accused

appellant.

Accordingly, the application for suspension of sentence filed

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

[2023:RJ-JD:42420] (2 of 3) [CRLAS-2515/2023]

substantive sentence passed by the learned Special Judge,

Prevention of Corruption Act, Bhilwara vide judgment dated

22.11.2023 in Sessions Case No.122/2015 against the appellant-

applicant - Hari Shankar Prajapat S/o Goverdhan Lal Prajapat,

shall be suspended till final disposal of the aforesaid appeal

subject to the condition that the appellant shall deposit the 50%

of the fine amount as imposed by the learned trial Court and he

will be released on bail, provided he executes a personal bond in

the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to

the satisfaction of the learned trial Judge for his appearance in this

court on 08.01.2024 and whenever ordered to do so till the

disposal of the appeal 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 address, they will give in writing their changed address to the trial Court.

4. Appellant shall deposit the 50% of fine amount as imposed by the learned trial court.

The learned trial Court shall keep the record of attendance of

the accused-applicant in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

applicant was tried and convicted. A copy of this order shall also

be placed in that file for ready reference. Criminal Misc. file shall

[2023:RJ-JD:42420] (3 of 3) [CRLAS-2515/2023]

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 does not appear before the trial court, the

learned trial Judge shall report the matter to the High Court for

cancellation of bail.

(MANOJ KUMAR GARG),J 36-raksha/-

Powered by TCPDF (www.tcpdf.org)