Rajasthan High Court
Sahdev Kumar Butoliya S/O Babu Lal ... vs Central Bureau Of Investigation on 27 February, 2023
Bench: Farjand Ali
[2023/RJJP/003437]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.460/2023
In
S.B. Criminal Appeal No. 432/2023
Sahdev Kumar Butoliya S/o Babu Lal Butoliya, R/o Administra-
tive Officer (Development) National Insurance Company Limited,
Branch Office Vi, Near Laxmi Mandir Cinema, Jaipur Permanent
R/o Hanuman Ji Ka Rasta, Tehsil Chomu District Jaipur (Ra-
jasthan) (At Present Confined In Central Jail Jaipur)
----Appellant
Versus
Central Bureau Of Investigation, Branch Jaipur Through Special
P.p
----Respondent
For Appellant(s) : Ms. Rajni, wife of appellant, present
in person
For Respondent(s) : Mr. Shyam Singh Yadav, Spl.PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
27/02/2023
Lawyers are abstaining from appearing before the Court.
Heard Ms. Rajni, wife of appellant, present in person and
learned Public Prosecutor on the application for suspension of sen-
tence and perused the judgment impugned dated 20.02.2023
passed in Special Criminal Case No.19/2018 by learned Special
Judge (CBI Cases) No.5, Jaipur Metropolitan-I whereby the
accused appellant has been convicted and sentenced to suffer
maximum punishment of four years rigorous imprisonment with
fine of Rs.50,000/- under Sections 420, 409, 477(A) IPC and
[2023/RJJP/003437] (2 of 3) [SOSA-460/2023]
under Sections 13(2) read with 13(1)(c)/(d) Prevention of Corrup-
tion Act.
Learned Public Prosecutor vehemently opposes the prayer
made by learned counsel for the accused-appellant and urges that
the evidence produced on behalf of the prosecution is of impecca-
ble quality and the learned Trial Judge has reached on the conclu-
sion of guilt on solid ground and therefore, this judgment of con-
viction does not require interference of this Court.
Perused the material available on record. The appellant was
on bail during the entire course of trial. The maximum sentence
awarded to him is not beyond four years. A perusal of the memo
of appeal reveals that the appellant has a strong arguable case in
his favour and the deposition of amount as at the instance of the
parties is a disputed fact and the evidence in this regard is re-
quired to be appreciated again.
Considering the overall submissions and looking to the total-
ity of facts and circumstances of the case while refraining from
passing any comments on the niceties of the matter and the de-
fects 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 appel-
lant.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the sen-
tences passed by the learned Special Judge (CBI Cases) No.5,
Jaipur Metropolitan-I, vide judgment dated 20.02.2023 in Special
Criminal Case No.19/2018 against the appellant-applicant-Sahdev
Kumar Butoliya S/o Babu Lal Butoliya, shall remain sus-
[2023/RJJP/003437] (3 of 3) [SOSA-460/2023]
pended 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 satis-
faction of the learned trial Judge for their appearance in this Court
on 06.04.2023 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.
(FARJAND ALI),J
RAJAT/43
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