Rajasthan High Court
Rajesh Yadav S/O Sh. Shivcharanlal vs State Of Rajasthan on 6 September, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2024:RJ-JP:37798]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application (Appeal)
No.1497/2024
In
S.B. Criminal Appeal No. 2258/2024
Rajesh Yadav S/o Sh. Shivcharanlal, Aged About 50 Years,
Resident Of Bada Mohalla, Pakka Talab Kumher, Police Station
Kumher District Bharatpur Presently Residing At 573-A,
Suryanagar Gopalpura Byepass Mahesh Nagar Jaipur Posted As
Regional Manager Riico Limited Jhunjhunu (Rajasthan)
(Presently On Bail For Period Of One Month From 28-08-2024 To
27-09-2024)
----Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Arvind Sharma
For Respondent(s) : Mr. Amit Punia, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
06/09/2024
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 and 13(1)(D) read with Section 13(2) of
Prevention of Corruption Act, 1988 vide judgment dated
28.08.2024 passed by learned Special (Prevention of Corruption
Act), No.4, Jaipur (Raj.) in Special Criminal Case No.55/2022 (CIS
[2024:RJ-JP:37798] (2 of 3) [SOSA-1497/2024]
No.101/2019) and has been sentenced to maximum punishment
of two years.
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 430 B.N.N.S. is allowed and it is ordered that the
sentences passed by the learned learned Special (Prevention of
Corruption Act), No.4, Jaipur (Raj.) vide judgment dated
28.08.2024 in Sessions Case No.55/2022 (CIS No.101/2019)
against the appellant-applicant Rajesh Yadav S/o Sh.
Shivcharanlal 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 10.10.2024 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.
[2024:RJ-JP:37798] (3 of 3) [SOSA-1497/2024]
2. That if the applicant changes the place of
residence, he will give in writing his changed
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
LALIT MOHAN /60
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