Rajasthan High Court - Jodhpur
Mahendra Singh vs State Of Rajasthan on 3 October, 2023
Bench: Farjand Ali
[2023:RJ-JD:32124]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension of Sentence Application
No.1148/2023
IN
S.B. Criminal Appeal (Sb) No. 1888/2023
Mahendra Singh S/o Fula Ram, Aged About 58 Years, R/o Village
Gadakheda, Tehsil Buhana, P.s. Singhana, Dist. Jhunjhunnu,
Inspector Tilamn Sangh, The Then Depot Manager, Rajasthan
State Beverage Corporation Limited, Jaisalmer
----Appellant
Versus
State of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Deepak Menria
For Respondent(s) : Mr. Anees Bhurat, P.P.
HON'BLE MR. JUSTICE FARJAND ALI
Order
03/10/2023
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment dated
02.09.2023 passed by the learned Special Judge, Prevention of
Corruption Act No.1, Jodhpur, in Criminal Case No.24/2021
whereby he was convicted and sentenced to suffer maximum
imprisonment of 03 years under Section 07 of Prevention of
Corruption (Amendment) Act.
2. It is contended on behalf of the applicant 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. The sentence of the accused-
petitioner has already been suspended by the trial court. He was
[2023:RJ-JD:32124] (2 of 3)
on bail during trial and did not misuse the liberty so granted to
him; 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 accused-applicant for
releasing the petitioner on application for suspension of sentence.
4. Heard 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, taking into account the submission that the evidence
with regard to the demand of illegal gratification as well as the
evidence regarding trap proceeding are required to be appreciated
again by this Court being the first appellate Court, more
particularly the facts/fact that the accused-petitioner was on bail
during the course of trial and 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-petitioner.
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 Special Judge, Prevention of
Corruption Act No.1, Jodhpur who passed the impugned order
02.09.2023 in Criminal Case No.24/2021 against the petitioner-
[2023:RJ-JD:32124] (3 of 3)
applicant- Mahendra Singh S/o Fula Ram 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 03.11.2023 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
10-Samvedana/-
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