Abdul Gaffar Bhati vs State Of Rajasthan
2023 Latest Caselaw 8516 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.1376/2023

In

S.B. Criminal Appeal (Sb) No. 2231/2023

Abdul Gaffar Bhati S/o Haji Shamshudin Bhati, Aged About 78 Years, R/o 7-D-22, North Pawanpuri, Bikaner

----Appellant Versus

State Of Rajasthan, Through PP

----Respondent

For Appellant(s) : Mr. Pradeep Choudhary For Respondent(s) : Mr. Abhishek Purohit, AGA

HON'BLE MR. JUSTICE FARJAND ALI

Order

13/10/2023

1. The instant application for suspension of sentence has been

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

27.09.2023 passed by the learned Sessions Judge, Prevention of

Corruption Court, District-Bikaner in Sessions Case No.02/2013

whereby he was convicted and sentenced to suffer three years'

simple imprisonment along with a fine of Rs.25,000/- under

Section 8 of P.C. 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 being the first appellate Court. The

(2 of 3)

sentence of the accused-appellant 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 Additional Government Advocate 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 of learned counsel for the

parties and looking to the totality of facts and circumstances of

the case, more particularly the facts that the accused-appellant

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-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, Prevention of

Corruption Court, District-Bikaner who passed the impugned order

dated 27.09.2023 in Sessions Case No.02/2013 against the

(3 of 3)

appellant-applicant- Abdul Gaffar Bhati S/o Haji Shamshudin

Bhati 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 16.11.2023 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 265-divya/-

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