Ashok Kumar Gupta S/O Shri ... vs State Of Rajasthan
2023 Latest Caselaw 227 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

     S.B. Criminal Misc. Suspension of Sentence Application
                         No. 1631/2022
                                       In
              S.B. Criminal Appeal No. 2506/2022

Ashok Kumar Gupta S/o Shri Puranchand Gupta, Aged About 58
Years, R/o Kherli Ganj, Tehsil Kathoomar, Dist Alwar, At Present
Jr. Engineer, Sarv Siksha Abhiyan, Block - Rajgarh- Digwada,
Dist. Alwar (Rajasthan). At Present Confined In Central Jail Alwar
.

----Appellant Versus State Of Rajasthan, Through P.p.

                                                                ----Respondent


For Appellant(s)         :     Mr. Kapil Bharadwaj
For Respondent(s)        :     Mr. S.S. Mahla, PP



             HON'BLE MR. JUSTICE FARJAND ALI

                                    Order

09/01/2023

Heard learned counsel for the accused appellant and learned

Public Prosecutor on the application for suspension of sentence

and perused the judgment impugned dated 28.11.2022 passed by

learned Sessions Judge, Special Judge, Prevention of Corruption

Act, Alwar whereby the accused appellant has been convicted for

the offence punishable under sections 7, 13(1)(d) and 13(2) of PC

Act and has been sentenced to maximum four years imprisonment

along with fine of Rs.10,00/- and in default to further undergo

sentence of one month simple imprisonment.

Learned counsel for the accused-appellants submits that

learned trial Court has not appreciated the facts in accordance

(2 of 3) [SOSA-1631/2022]

with law. The prosecution sanction was not granted after due

application of mind and it has not been proved beyond reasonable

doubt that the appellant demanded illegal gratification in lieu of

giving favor to the complainant.

Learned Public Prosecutor vehemently opposes the prayer

made by learned counsel for the accused-appellant.

The accused-appellant is behind the bars and the hearing of

appeal is likely to take further more time, therefore, 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 Sessions Judge, Special Judge,

Prevention of Corruption Act, Alwar, vide judgment dated

18.11.2022 in Sessions Case No. 20/2015 against the appellant-

applicant Ashok Kumar Gupta S/o Shri Puranchand Gupta 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 their appearance in

this court on 09.02.2023 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.

(3 of 3) [SOSA-1631/2022]

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-applicants 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 applicants does not appear before the trial court, the

learned trial Judge shall report the matter to the High Court for

cancellation of bail.

(FARJAND ALI),J

PREETI VALECHA /195

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