Prabhakar vs State Of Rajasthan
2023 Latest Caselaw 23 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Suspension of Sentence Application No.1258/2022

In

S.B. Criminal Appeal No. 2093/2022

Prabhakar S/o Bhanwar Lal Sharma, Aged About 69 Years, Retired From Block Primary Education Officer Panchayat Samiti Sarada At Present Residing At 54 Sagsaji Vihar Titradi Jaysamand Road Udaipur Raj.

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


For Appellant(s)              :     Mr. Brijesh Parek
For Respondent(s)             :     Mr. A.R. Malkani for
                                    Mr. M.A.Siddiqui, AAG

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

02/01/2023

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 has been sentenced for the offence under

Sections 7 and 13 (1) (d)/13 (2) of the Prevention for Corruption

Act for one year's simple imprisonment, which is already

suspended by the Court below. Appellant-applicant was on bail

during trial and disposal of the appeal will consume time.

Learned Public Prosecutor has opposed the application

for suspension of sentence.

(2 of 2) [SOSA-1258/2022]

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 sentence imposed upon the appellant-

applicant is of one year's simple imprisonment, and he was 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, (Prevention of

corruption Act) No.2, Udaipur, vide judgment dated 17.11.2022 in

Sessions Case No.141/2019 (CIS No.566/2014) against the

appellant-applicant Prabhakar S/o Bhanwar Lal Sharma,, 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.40,000/- with two sureties of Rs.20,000/- each to the

satisfaction of the learned trial Judgefor his appearance in this court

on 02.02.2023 and whenever ordered to do so.

(VINOD KUMAR BHARWANI),J 19-Mamta/-

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