Bhagwan Prashad Gupta vs State Of Rajasthan
2023 Latest Caselaw 5311 Raj

[2023/RJJD/017438]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No.553/2023

IN

S.B. Criminal Appeal No. 797/2023

Bhagwan Prashad Gupta S/o Sh. Vashudev Prashad, Aged About 63 Years, R/o Ward No. 1 Gali No. 2 Devnagar Purani Abadi Sriganganagar Erstwhile Assistant Sub Inspector Poloce Chowaki Bajuwal Ps Raisinghnagar Sriiganganagar

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

----Respondent

For Appellant(s) : Mr. U.K. Vyas For Respondent(s) : Mr. A.R. Choudhary

HON'BLE MR. JUSTICE FARJAND ALI

Order

25/05/2023

1. The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment

dated 10.05.2023 passed by learned Sessions Judge, Special

Court Prevention of Corruption Act, Sriganganagar in

Sessions Case No.4/2013 whereby he was convicted and

sentenced to suffer maximum punishment of two years

rigorous imprisonment along with compensation fine of

Rs.3,000/- under Section 13(1)(d) r/w section 13(2) of P.C.

Act and lesser punishment for the other offences punishable

under Section 7 of P.C. Act as well as Section 120-B of IPC.

[2023/RJJD/017438] (2 of 3) [SOSA-553/2023]

2. 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 the first appellate Court. 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 by learned counsel for 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 of learned counsel for the

parties and looking to the totality of facts and circumstances

of the case, more particularly the fact that 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 application for suspension of sentence filed

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

the sentence passed by learned Sessions Judge, Special

Court Prevention of Corruption Act, Sriganganagar in

Sessions Case No.4/2013 against the appellant-applicant

[2023/RJJD/017438] (3 of 3) [SOSA-553/2023]

Bhagwan Prashad Gupta S/o Sh. Vashudev Prashad

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 26.06.2023 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 address(s), they will give in writing their changed address to the trial Court.

(FARJAND ALI),J 243-Ashutosh/-

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