Rajasthan High Court - Jodhpur
Bharat Prakash vs State Of Rajasthan on 3 May, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.426/2023
in
S.B. Criminal Appeal No. 523/2023
Bharat Prakash S/o Sh. Bhuralal Meghwal, Aged About 58 Years,
L-42, Malla Talai, Udaipur, Ps Ambamata, At Relevant Time
Development Officer, Panchayat Samiti, Suwana, Dist. Bhilwara
(Raj.). (At Present Lodged In Dist. Jail, Bhilwara).
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Rajesh Panwar, Senior Advocate,
assisted by Mr. Ayush Gehlot
For Respondent(s) : Mr. A.R. Choudhary, P.P.
HON'BLE MR. JUSTICE FARJAND ALI
Order
03/05/2023
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment dated
29.04.2023 passed by the learned Special Judge, PC Act Cases,
District Bhilwara in Sessions Case No.59/2015, whereby he was
convicted and sentenced to suffer maximum punishment of
rigorous imprisonment of 4 years for the offence under Section
13(1)(D) alongwith Section 13(2) of the PC Act and lesser
punishments for the offence under Section 7 of the PC Act.
2. Learned counsel for the appellant submits that the certificate
produced in this case under Section 65-B sub-clause (4) of the
(2 of 3)
Evidence Act was not duly proved, more particularly, the contents
of the certificate, which were required to be proved by the person,
who first gone through the contents of the CD. He further submits
that the independent witness Ramakant (P.W.12) has not
supported the story of the prosecution, which puts a dent in the
genuineness of the allegation. It is contended that the appellant
has strong arguable case in his favour. There are several flaws in
the story of the prosecution. Thus, evidence is required to be
appreciated again by this court. The appellant was on bail during
trial and he did not misuse or abuse the liberty so granted. The
hearing of the appeal is likely to take time. Therefore, the
application for suspension of sentence may be granted.
3. Per contra, learned public prosecutor has vehemently
opposed the prayer made on behalf of the accused-applicant for
releasing the appellant on application for suspension of sentence.
4. Heard learned counsel for the parties and perused the
material available on record.
5. Considering the submissions advanced at bar, grounds raised
in the memo of appeal 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.
6. Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
(3 of 3)
sentence passed by learned Special Judge, PC Act Cases, District
Bhilwara vide judgment dated 29.04.2023 in Sessions Case
No.59/2015 against the appellant-applicant Bharat Prakash S/o
Bhuralal Meghwal 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 05.06.2023 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
178-Pramod/-
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