Karanpuri vs State Of Rajasthan
2023 Latest Caselaw 175 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Application (Suspension of Sentence) No.9/2023

In

S.B. Criminal Appeal No. 10/2023

Karanpuri S/o Prabhupuri, Aged About 63 Years, R/o Village Post Langera, Police Station Rural Barmer. Former Platoon Commander, E-Company Border Home Guard, Chouhtan District Barmer.

----Appellant Versus State Of Rajasthan, Through Pp

----Respondent

For Appellant(s) : Mr. R.S. Choudhary For Respondent(s) : Mr. S.S. Rajpurohit, PP

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

05/01/2023

Heard learned counsel for the applicant-appellant and

learned Public Prosecutor for the State on application for

suspension of sentences. Perused the material available on record.

It is contended by the counsel for the appellant-

applicant that appellant-Karanpuri S/o Prabhupuri has been

convicted for the offences under Sections 7, 13(1)(d) r.w. Section

13 (2) of the Prevention of Corruption Act and sentenced to

undergo three years' rigorous imprisonment. Learned counsel

further submits that the appellant-applicant is on bail during trial

and disposal of the appeal will consume time thus, sentence

awarded to him may be suspended during pendency of the appeal.

(2 of 2) [SOSA-9/2023]

Learned Public Prosecutor has opposed the application

for suspension of sentence.

I have heard and considered the arguments advanced

by the counsel for the parties and have gone through the material

available on record.

Having considered the facts and circumstances and

particularly the fact that appellant-applicant is an old man aged

63 years and sentences imposed upon him by the trial Court is for

three years' imprisonment, and he is on bail during trial, disposal

of appeal will consume time, therefore, this Court deems it fit and

proper to allow the application for suspension of sentence filed by

the appellant-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, PC Act Cases

No.1, Jodhpur vide judgment dated 19.12.2022 in Criminal Case

No.01/17 against the appellant-applicant Karanpuri S/o Prabhupuri

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 Judgefor his

appearance in this court on 06.02.2023 and whenever ordered to

do so.

(VINOD KUMAR BHARWANI),J 25-Mamta/-

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