Rajasthan High Court - Jodhpur
Bheru 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.1170/2023
In
S.B. Criminal Appeal (Sb) No. 1911/2023
Bheru Lal S/o Shri Deva Ji Meena, Aged About 65 Years, R/o
Village Umarda, The Then Sarpanch, Gram Panchayat Kanpur,
Panchayat Samiti Girva, District Udaipur.
----Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
Connected With
S.B. Criminal Misc. Suspension of Sentence Application
No.1172/2023
In
S.B. Criminal Appeal (Sb) No. 1913/2023
Madan Lal S/o Shri Logar Ji Dangi, Aged About 44 Years, R/o Vill.
Kanpur The Then Up-Sarpanch Gram Panchayat Kanpur
Panchayat Samiti Girva Dist. Udiapur
----Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Ramesh Dewasi
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 applicants in the matter of judgment dated
22.08.2023 passed by the learned Special Judge, Prevention of
(2 of 4) [CRLAS-1911/2023]
Corruption Cases No.2 Udaipur in Sessions Case No.260/2019
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
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
further submits that the similarly situated co-accused Bharat
Rajora S/o Shri Laxman Rajora has already been enlarged on bail
by this Court on 04.09.2023 in S.B. Criminal Misc. Suspension of
Sentence Application No.1098/2023 and the case of the present
petitioner, the quality of evidence and the nature of accusation are
not distinguishable. They were on bail during trial and did not
misuse the liberty so granted to them; 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.
(3 of 4) [CRLAS-1911/2023]
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 similarly situated co-
accused Bharat Rajora S/o Shri Laxman Rajora has already been
enlarged on bail. Thus, on the ground of parity and on the ground
that the accused-appellants were 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 22.08.2023 in Sessions Case No. 260/2019 against the
appellant-applicants- Bheru Lal S/o Shri Deva Ji Meena and
Madan Lal S/o Shri Logar 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 they will appear before the trial Court in the
month of January of every year till the appeal is decided.
(4 of 4) [CRLAS-1911/2023]
(2) That if the applicants change the place of residence,
they 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
233-234 divya/-
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