Rajasthan High Court - Jodhpur
Madan Lal vs State Of Rajasthan on 14 September, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.1171/2023
In
S.B. Criminal Appeal (Sb) No. 1912/2023
Madan Lal S/o Shri Logar Ji Dangi, Aged About 44 Years, R/o
Village Kanpur, The Then Up-Sarpanch, Gram Panchayat Kanpur,
Panchayat Samiti Girva,dist. Udaipur
----Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Suresh Kumar Maru
For Respondent(s) : Mr. M. Khan, P.P.
HON'BLE MR. JUSTICE FARJAND ALI
Order
14/09/2023
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment dated
17.08.2023 passed by the learned Special Judge, Prevention of
Corruption Cases No.2 Udaipur in Sessions Case No.261/2019
whereby they were convicted and sentenced to suffer maximum
imprisonment of three years' simple imprisonment along with fines
of Rs.10,000/- each under Sections 409/120-B, 420/120-B,
467/120-B of IPC, 468/120-B, 471/120-B and 477-A/120-B of IPC
and lesser punishment for the other offence under Section and
under Section 12[1][C][D]/13[2].
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 being the first appellate 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 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-appellants.
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
dated 17.08.2023 in Sessions Case No. 261/2019 against the
(3 of 3)
appellant-applicants- Madan Lal S/o Shri Logar Ji Dangi shall
remain suspended till final disposal of the aforesaid appeal and
they shall be released on bail provided each of them execute 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
their appearance in this court on 16.10.2023 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 their changed addresses 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
235-divya/-
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