Bheru Lal vs State Of Rajasthan
2023 Latest Caselaw 7216 Raj

Citation : 2023 Latest Caselaw 7216 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 JODH-

PUR S.B. Criminal Misc. Suspension of Sentence Application No.1166/2023

In

S.B. Criminal Appeal (Sb) No. 1907/2023

Bheru Lal S/o Shri Deva Ji Meena, Aged About 65 Years, R/o Vil-

lage Umarda, The Then Sarpanch, Gram Panchayat Kanpur, Pan- chayat Samiti Girva, Dist. Udaipur

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

----Respondent Connected With S.B. Criminal Misc. Suspension of Sentence Application No.1167/2023 In S.B. Criminal Appeal (Sb) No. 1908/2023 Madan Lal S/o Shri Logar Dangi, Aged About 44 Years, R/o Vil- lage Kanpur The Then Up-Sarpanch, Gram Panchayat Kanpur, Panchayat Kanpur, Panchayat Samiti Girva, Dist. Udaipur

----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

24.08.2023 passed by the learned Special Judge, Prevention of

Corruption Cases No.2 Udaipur in Sessions Case No.215/2019

whereby they were convicted and sentenced to suffer maximum

(2 of 4)

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 Prakash

Rajora S/o Shri Govind Rajora has already been enlarged on bail

by this Court on 04.09.2023 in S.B. Criminal Misc. Suspension of

Sentence Application No.1100/2023 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.

5. Considering the submissions of learned counsel for the

parties and looking to the totality of facts and circumstances of

(3 of 4)

the case, more particularly the facts that the similarly situated co-

accused Prakash Rajora S/o Shri Govind 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 sus-

pending 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 Corrup-

tion Cases No.2 Udaipur who passed the impugned order dated

24.08.2023 in Sessions Case No. 215/2019 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)

(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.