Bheru Lal vs State Of Rajasthan
2023 Latest Caselaw 8000 Raj

Citation : 2023 Latest Caselaw 8000 Raj
Judgement Date : 5 October, 2023

Rajasthan High Court - Jodhpur

Bheru Lal vs State Of Rajasthan on 5 October, 2023

Bench: Farjand Ali

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Misc Suspension of Sentence Application

No.1307/2023

IN S.B. Criminal Appeal (Sb) No. 2148/2023 Bheru Lal S/o Shri Deva Ji Meena, Aged About 65 Years, R/o- Vill. Umarda, The Then Sarpanch, Gram Panchayat Kanpur, Panchayat Samiti Girva, District Udaipur.

                                                                    ----Appellant
                                    Versus
State Of Rajasthan, Through Pp
                                                                  ----Respondent


For Appellant(s)           :    None present
For Respondent(s)          :    Mr. A.R. Choudhary, P.P.



             HON'BLE MR. JUSTICE FARJAND ALI

                                     Order

05/10/2023

1. The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment dated

12.09.2023 passed by the learned Special Judge, Prevention of

Corruption Cases, No.2, Udaipur in Sessions Case No.187/2019

whereby he was convicted and sentenced to suffer maximum

imprisonment of 03 years under Sections 420/120-B, 409/120-B,

467/120-B, 468/120-B, 471/120-B & 477-A/120-B and lesser

punishment for the other offences under Sections

13(1)(C)(D)/13(2) of Prevention of Corruption Act.

2. It is contended on behalf of the applicant that the learned

trial Judge has not appreciated the correct, legal and factual

(2 of 3)

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

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, 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 Cases, No.2, Udaipur who passed the impugned order

12.09.2023 in Sessions Case No.187/2019 against the petitioner-

(3 of 3)

applicant-Bheru Lal S/o Shri Deva Ji Meena 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 06.11.2023 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.