Rajasthan High Court - Jodhpur
Sunil Kumar vs State Of Rajasthan ... on 6 February, 2023
Bench: Vinit Kumar Mathur
[2023/RJJD/004051]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 152/2023
Sunil Kumar S/o Subhkaran, Aged About 43 Years, R/o Lutu
Tehsil Malsisar, P.S. Bisau, District Jhunjhunun. The then Patwari,
Patwar Mandal Rampura Bhatiyan, Tehsil Tinvari, District
Jodhpur.
----Appellant
Versus
State of Rajasthan, through PP
----Respondent
For Appellant(s) : Mr. S. S. Gour
For Respondent(s) : Mr. Abhishek Purohit, AGA
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
06/02/2023
Admit. Call for the record.
Heard learned counsel for the applicant and learned
Additional Government Advocate on application for suspension of
sentence No.89/2023.
Learned counsel for the appellant submits that the appellant
has been convicted for the offence under Section 7 of the
Prevention of Corruption (amended) Act, 2018 for a period of 3
years rigorous imprisonment and a fine of Rs.5,000/-, in default of
payment of fine, further to undergo 6 months. Since the sentence
has already been suspended by the learned trial Court and the
sentence awarded being three years, therefore, this Court is of the
opinion that it is a fit case for suspending the sentences awarded
to the accused-applicant.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the learned Special Judge, P.C. Act Cases
No.1, Jodhpur, vide judgment dated 30.01.2023 in Criminal Case
No.15/2020 against the petitioner-applicant- Sunil Kumar S/o
[2023/RJJD/004051] (2 of 2) [CRLAS-152/2023]
Subhkaran, shall remain suspended till final disposal of the
aforesaid appeal and he shall be released on bail, provided he
executes a personal bond in the sum of Rs.50,000/- (Rupees: Fifty
Thousand Only) with two sureties of Rs.25,000/- (Rupees: Twenty
Five Thosuand Only) each to the satisfaction of the learned trial
Judge for his appearance in this court on 03.03.2023 and
whenever ordered to do so till the disposal of the appeal on the
conditions indicated 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 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
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(VINIT KUMAR MATHUR),J
6-Shahenshah/-
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