Rajasthan High Court
Chandan Singh S/O Shri Prabhatiram vs State Of Rajasthan on 5 September, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2024:RJ-JP:37414]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application (Appeal)
No.1479/2024
IN
S.B. Criminal Appeal (Sb) No. 2220/2024
Chandan Singh S/o Shri Prabhatiram, Aged About 61 Years, R/o
Village Marolikalan, Police Station Udhog Nagar, Tehsil And
District Bharatpur Former Sub Inspector Police Station Jhotwara
District Jaipur Presently R/o Outside Surajpole Gate, Bharatpur
Rajasthan
----Appellant
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Appellant(s) : Mr. Dinesh Chand Gupta
For Respondent(s) : Mr. Amit Punia, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
05/09/2024
Heard learned counsel for the applicant-appellant and
learned Public Prosecutor on the application for suspension of
sentence.
The applicant-appellant herein has been convicted for offence
under Sections 7 & 13(1)(D)/13(2) of Prevention of Corruption
Act, 1988 vide judgment dated 16.08.2024 passed by learned
Sessions Judge, Special Court, Prevention of Corruption Act Cases
No.2, Jaipur Metro-II in Sessions Case No.46/2016 (47/2011)
(C.I.S. No.361/2011) and has been sentenced to maximum
punishment of two years.
[2024:RJ-JP:37414] (2 of 3) [CRLAS-2220/2024]
Learned counsel for the appellant submits that the accused
appellant was on bail during trial and he did not misuse the liberty
of bail. He further submits that the sentence awarded to the
applicant-appellant has already been suspended by the trial court.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
as available on the record, this Court is of the opinion that it is a
fit case for suspending the sentences awarded to the accused
appellant during pendency of the instant appeal.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the learned Sessions Judge, Special Court,
Prevention of Corruption Act Cases No.2, Jaipur Metro-II vide
judgment dated 16.08.2024 in Sessions Case No.46/2016
(47/2011) (C.I.S. No.361/2011) against the appellant-applicant
Chandan Singh S/o Shri Prabhatiram 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 their appearance in this
court on 09.10.2024 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
[2024:RJ-JP:37414] (3 of 3) [CRLAS-2220/2024]
address to the trial Court as well as to the counsel
in the High Court.
3. Similarly, if the sureties change their address(s),
he will give in writing their changed address to the
trial Court.
The learned trial Court shall keep the record of attendance of
the accused-applicant in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
applicant was tried and convicted. A copy of this order shall also
be placed in that file for ready reference. Criminal Misc. file shall
not be taken into account for statistical purpose relating to
pendency and disposal of cases in the trial court. In case the said
accused applicant does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(ANIL KUMAR UPMAN),J
GAUTAM JAIN /48
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