Tej Prakash vs State Of Rajasthan
2023 Latest Caselaw 4084 Raj

[2023/RJJD/013622]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No.428/2023 IN S.B. Criminal Appeal No. 531/2023 Tej Prakash S/o Hari Prakash Valmiki, Aged About 38 Years, Valmiki Basti, Opp Animal Hospital, Gogagate, Bikaner, The Then Sr Clerk, Grade I, Office Of Joint Director, Animal Husbandry Department, Bikaner. (Confined In Central Jail Bikaner).

                                                                      ----Appellant
                                       Versus
State of Rajasthan, Through PP
                                                                    ----Respondent


For Appellant(s)             :     Mr. K.R. Bhati
For Respondent(s)            :     Mr. A.R. Choudhary, P.P.



               HON'BLE MR. JUSTICE FARJAND ALI

                                        Order

04/05/2023

1. The instant application for suspension of sentence has been

moved on behalf of the applicant-appellant in the matter of

judgment dated 28.04.2023 passed by learned Sessions Judge,

Prevention of Corruption Act Cases, Bikaner in Sessions Case

No.12/2018, whereby, he was convicted and sentenced to suffer

maximum punishment of 4 years simple imprisonment along with

fine of Rs.5,000/- in default of payment of fine to undergo

additional 6 months simple imprisonment under Section 13(1)(D)

read with Section 13(2) of Prevention of Corruption Act, 1988 and

4 years simple imprisonment along with fine of Rs.1,000/- in

default of payment of fine to undergo additional 6 months simple

[2023/RJJD/013622] (2 of 3)

imprisonment under Section 7 of Prevention of Corruption Act,

1988.

2. Learned counsel 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 the first appellate Court. Learned counsel for the

applicant-appellant also submits that hearing of the appeal is likely

to take long 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 learned counsel for the

applicant for releasing the applicant-appellant on application for

suspension of sentence.

4. Heard and perused the material available on record.

5. Upon consideration of the grounds raised in the memo of the

appeal, looking to the totality of facts and circumstances of the

case, more particularly the fact that the hearing of appeal is likely

to take further more time and considering the overall submissions

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 present application for suspension of

sentence filed under Section 389 Cr.P.C. is allowed and it is

ordered that the sentences passed in the matter of judgment

dated 28.04.2023 passed by learned Sessions Judge, Prevention

[2023/RJJD/013622] (3 of 3)

of Corruption Act Cases, Bikaner in Sessions Case No.12/2018

against the appellant-applicant Tej Prakash S/o Hari Prakash

Valmiki remain suspended till final disposal of the aforesaid

appeal and he/she/they shall be released on bail, provided

he/she/each execute a personal bond in the sum of Rs.50,000/-

with two sureties of Rs.25,000/- to the satisfaction of the learned

trial court for his/her/their 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/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the applicant(s) change(s) the place of residence, he/she/they will give in writing his changed address(es) to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their address(es), 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-applicant(s) was 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 applicant(s) does(do) 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 172-AnilKC/-

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