Rajasthan High Court
Sahdev Kumar Butoliya S/O Babu Lal ... vs Central Bureau Of Investigation ... on 28 February, 2023
Bench: Farjand Ali
[2023/RJJP/003484]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.471/2023
In
S.B. Criminal Appeal No. 444/2023
Sahdev Kumar Butoliya S/o Babu Lal Butoliya, R/o
Administrative 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 (Rajasthan). ( 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. Laxman Meena, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
28/02/2023
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
sentence and perused the judgment impugned dated 20.02.2023
passed in Special Criminal Case No.03/2019 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/003484] (2 of 3) [SOSA-471/2023]
under Sections 13 (2) read with 13(1)(c)/(d) Prevention of
Corruption 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
impeccable quality and the learned Trial Judge has reached on the
conclusion of guilt on solid ground and therefore, this judgment of
conviction 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
required to be appreciated again.
Considering the overall submissions 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
sentences passed by the learned Special Judge (CBI Cases) No.5,
Jaipur Metropolitan-I, vide judgment dated 20.02.2023 in Special
Criminal Case No.03/2019 against the appellant-applicant-Sahdev
Kumar Butoliya S/o Babu Lal Butoliya, shall remain
[2023/RJJP/003484] (3 of 3) [SOSA-471/2023]
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 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/47
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