Rajasthan High Court - Jodhpur
Bajrang Lal Jharotiya vs State Of Rajasthan on 29 March, 2023
Bench: Farjand Ali
[2023/RJJD/007976]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No.248/2023
IN
S.B. Criminal Appeal No. 338/2023
Bajrang Lal Jharotiya S/o Sh. Ladu Ram Regar, Aged About 30
Years, Post Baghera, Teh. Kekari, Dist. Ajmer.
(Confined In Central Jail, Udaipur).
----Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Byhagirath Ray Bishnoi
For Respondent(s) : Mr. A.R. Choudhary, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
29/03/2023
The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment dated
22.03.2023 passed by the learned Special Judge, Prevention of
Corruption Act Cases, No.1, Udaipur in Sessions Case No.33/2008
whereby he was convicted and sentenced to suffer maximum
imprisonment of 4 years rigorous imprisonment along with fine of
Rs.20,000/- under Section 7 of P.C. Act as well as under Sections
13[1][D], 13[2] of PC Act.
It is contended that the learned trial Judge has not
appreciated the correct, legal and factual aspects of the matter
and thus, reached at an erroneous conclusion of guilt, therefore,
the same is required to be appreciated again by this court being
[2023/RJJD/007976] (2 of 3) [SOSA-248/2023]
the first appellate Court. The appellant was on bail during the trial
and presently he is behind the bars since 22.03.2023, hearing of
the appeal is likely to take long time, therefore, the application for
suspension of sentence may be granted.
Per contra, learned public prosecutor has vehemently
opposed the prayer made by learned counsel for the accused-
applicant for releasing the appellant on application for suspension
of sentence.
Heard learned counsel for the parties and perused the
material available on record.
Considering the submission that there are strong arguments
in favour of the appellant regarding the recovery allegedly made in
respect to the demand of the illegal gratification. 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
sentence passed by learned Special Judge, Prevention of
Corruption Act Cases, No.1, Udaipur in Sessions Case No.33/2008
against the appellant-applicant- Bajrang Lal Jharotiya S/o Sh.
Ladu Ram Regar 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
[2023/RJJD/007976] (3 of 3) [SOSA-248/2023]
Judge for his appearance in this court on 01.05.2023 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.
2. That if the applicant changes the place of
residence, he will give in writing his changed
address to the trial Court as well as to the counsel
in the High Court.
3. Similarly, if the sureties change their addresses,
they will give in writing their changed address to
the trial Court.
(FARJAND ALI),J
157-Ashutosh/-
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