Citation : 2023 Latest Caselaw 2212 Raj/2
Judgement Date : 17 February, 2023
[2023/RJJP/003132]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Cr. Misc. suspension of sentence Appl. No. 412/2023
in
Criminal Appeal No. 381/2023
Ranveer Singh S/o Shri Kanhaiyalal, Aged About 42 Years,
Resident Of Village Berash Post Sahnusar, Via Ramgarh
Shekhawati District Sikar At Present Quarter No. 68, Near
Godavan Park, Rpa Shastri Nagar, Jaipur At Present Constable
No. 3123, Police Line Jaipur
----Appellant
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Appellant(s) : Mr. Ashvin Garg with Mr. Vaibhav Sharma For Respondent(s) : Mr. B.L. Nasuna, PP
HON'BLE MR. JUSTICE FARJAND ALI Order
17/02/2023
Heard learned counsel for the accused-appellant and learned
Public Prosecutor on the application for suspension of sentence
and perused the judgment impugned dated 10.02.2023 passed by
Special Judge, (Prevention of Corruption Act) No. 4, Jaipur in
Special Criminal Case No.62/2021 (CIS No.375/2015) whereby
the accused-appellant has been convicted for the offence
punishable under sections 7 and 13 (1) (D) read with 13 (2) of the
Prevention of Corruption Act, 1988 and has been sentenced with
maximum of one and a half year of rigorous imprisonment along
with fine of Rs. 2,000/-.
Learned counsel for the accused-appellant submits that the
learned Trial Court has failed to appreciate the correct legal and
[2023/RJJP/003132] (2 of 3) [SOSA-412/2023]
factual aspects of the matter and thus, reached on an erroneous
conclusion of guilt. The accused appellant was on bail during the
entire course of the trial but the liberty was never misused,
therefore, the application for suspension of sentence may be
granted.
Learned Public Prosecutor has vehemently opposed the
prayer made by learned counsel for the accused-appellant for
releasing the appellant on suspension of sentence.
Considering the overall submissions of the parties and
looking to the totality of facts and circumstances of the case 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 appeal, this court is of the opinion
that it is a fit case for suspending the 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
sentence passed by the learned Special Judge, (Prevention of
Corruption Act) No. 4, Jaipur in Special Criminal Case No.62/2021
(CIS No.375/2015) vide judgment dated 10.02.2023 against the
appellant-applicant-Ranveer Singh S/o Shri Kanhaiyalal 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/-with two sureties of Rs.25,000/- each to
the satisfaction of the learned trial Judge for his appearance in this
court on 20.02.2023 and whenever ordered to do so till the
disposal of the appeal on the conditions indicated below:-
[2023/RJJP/003132] (3 of 3) [SOSA-412/2023]
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(s), they will give in writing their changed address to the trial Court.
(FARJAND ALI),J
Pcg/92
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