Bheru Lal vs State Of Rajasthan
2023 Latest Caselaw 7214 Raj

Citation : 2023 Latest Caselaw 7214 Raj
Judgement Date : 14 September, 2023

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.1168/2023

S.B. Criminal Appeal (Sb) No. 1909/2023

Bheru Lal S/o Shri Deve Ji Meena, Aged About 65 Years, R/o Village Umarda, The Then Sarpanch, Gram Panchayat Kanpur, Panchayat Samiti Girva, Dist. Udaipur

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

----Respondent Connected With S.B. Criminal Misc. Suspension of Sentence Application No.1169/2023 In S.B. Criminal Appeal (Sb) No. 1910/2023 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. Ramesh Dewasi Mr. Suresh Kumar 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

18.08.2023 passed by the learned Special Judge, Prevention of

(2 of 4)

Corruption Cases No.2 Udaipur in Sessions Case No.207/2019

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 offences 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 Akshay

Kumar Sharma S/o Shri Rohitash Kumar Sharma has already been

enlarged on bail by this Court on 04.09.2023 in S.B. Criminal Misc.

Suspension of Sentence Application No.1097/2023 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)

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 Akshay Kumar Sharma S/o Shri Rohitash Kumar Sharma

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 18.08.2023 in Sessions Case No.207/2019 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:-

(4 of 4)

(1) That they will appear before the trial Court in the month of January of every year till the appeal is decided.

(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.