Bhuvnesh Kumar vs State Of Rajasthan
2023 Latest Caselaw 2103 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Application for Suspension of Sentence No.132/2023 In S.B. Criminal Appeal No. 200/2023 Bhuvnesh Kumar S/o Vinod Kumar Sharma, Aged About 37 Years, R/o H.no. D-4, Chhabra Colony, Bikaner, On That Time Working As Ldc In The Office Of Deputy Director, Social Justice And Empowerment Dept., Bikaner. (Presently Lodged In Central Jail, Bikaner).

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

----Respondent

For Appellant(s) : Mr. Dinesh Kumar Sharma, Present-

in-Person For Respondent(s) : Mr. Abhishek Purohit, AGA

HON'BLE MR. JUSTICE FARJAND ALI Order

03/03/2023

Lawyers are abstaining from appearing before the Court.

Shri Dinesh Kumar Sharma, cousin brother of the present

appellant, is present in person before this Court.

Heard representative of appellant and learned Public

Prosecutor on the application for suspension of sentence and

perused the judgment of conviction and sentence dated

07.02.2023 passed by learned Sessions Judge, Prevention of

Corruption Court, Bikaner in Session Case No.3/2015 whereby the

accused-appellant has been convicted and sentenced to suffer

punishment of 4 years' simple imprisonment with fine of 3,000/-

under Sections 7 as well as under Section 3(1)(D) read with

Section 13(2) Prevention of Corruption Act, 1988.

(2 of 3) [SOSA-132/2023]

Upon consideration of the grounds raised in the memo of

appeal and considering the overall submissions more particularly,

the plea that the evidence brought on record was not sufficient

enough to bring home the guilt of the accused and therefore, the

entire material is required to be appreciated again by this Court

being the first appellate Court as well as 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 apeal, this Court is of the opinion that it is a fit

case for suspending the sentence awarded to the accused-

appellant since the hearing of the appeal is likely to take long

time.

Accordingly, the application for suspension of sentences filed

under Section 389 Cr.P.C. is allowed and it is ordered that the

sentences passed by learned Sessions Judge, Prevention of

Corruption Court, Bikaner vide judgment dated 07.02.2023 in

Sessions Case No.3/2015 against the appellant-applicant Shri

Bhuvnesh Kumar S/o Vinod Kumar 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.50,000/- with two sureties of Rs.25,000/- each to the

satisfaction of the learned trial Judge for his appearance in this

court on 05.04.2023 and whenever ordered to do so till the

disposal of the appeal on the conditions indicated below:-

1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.

(3 of 3) [SOSA-132/2023]

2. That if the applicant changes the place of residence, he will give in writing her changed address to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court.

(FARJAND ALI),J 7-divya/-

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