Allowed

Jaiveer Singh Son of Ram Swaroop Urf Raj Swaroop v. CBI Branch

Rajasthan HC6 Jan 2022SOSA/1196/2021

Case brief

AI extract

What is this about?

The High Court allowed the appellant's application for suspension of sentence pending disposal of the criminal appeal. The appellant was released on bail on furnishing a personal bond and two sureties to appear for the appeal trial.

What did the court decide?

Sentence suspended till disposal of appeal; release on bail subject to bond of Rs. 1,00,000 and two sureties of Rs. 50,000 each.

Jaiveer Singh Son of Ram Swaroop Urf Raj Swaroop Vs CBI Branch — Corruption | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN

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BENCH AT JAIPUR

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S.B. Criminal Misc. Bail Application No.1196/2021 (Suspension of Sentence Application)

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S.B. Criminal Appeal No. 1921/2021

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Jaiveer Singh Son of Ram Swaroop Urf Rajswaroop, Assistant Garrison Engineer, E/MMES (Military Engineering Services) Kanjoli Lines Bharatpur Resident Of Quarter No. 126, Bhutal Kanjoli Line, MES Bharatpur Rajasthan (Accused In Central Jail, Jaipur)

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----Accused/Appellant

Versus

CBI Branch, Jaipur

----Respondent

For Appellant(s) : Mr. Zubin Mehta, through VC Mr. Kersi Jehangir Mehta, through VC For Respondent(s) : Mr. Ganesh Saini, P.P. Mr. Ashwini Kumar Sharma, for CBI

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HON'BLE MR. JUSTICE UMA SHANKER VYAS

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Order

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06/01/2022

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Heard on application for suspension of sentence.

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The appellant has filed the appeal along with application for suspension of sentence.

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The appeal has been preferred against the judgment of conviction and sentence dated 01.11.2021 passed by the Court of Special Judge, CBI Cases No.5, Jaipur (Rajasthan) in Special Criminal Case No.17/2018, by which the appellant has been convicted for offences under Section(s) 7 and 13(1)(D) read with Section 13(2) of PC Act and sentenced to maximum term of four years.

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(2 of 2)

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[SOSA-1196/2021]

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It has been submitted by learned counsel for the appellant that the appellant has been falsely implicated in this case. There are material contradictions and infirmities in the prosecution evidence. He has been sentenced to maximum term of four years of imprisonment for offence under Section 13(1)(D) read with Section 13(2) of PC Act. The appellant was on bail during trial. Now, he is in custody since more than two months. Hearing of the appeal may take long time.

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Heard learned counsel for the parties.

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Learned Public Prosecutor has opposed the application for suspension of sentence.

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Taking into consideration the submissions of learned counsel for the appellant, evidence available on record and overall facts and circumstances of the case but without commenting upon detailed merits of the case, this Court deems it just and proper to allow the application for suspension of sentence.

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Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded to accusedappellant Jaiveer Singh S/o Ram Swaroop Urf Rajswaroop shall remain suspended till disposal of this criminal appeal and he shall be released on bail, provided the appellant furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/each to the satisfaction of the learned trial Court for his appearance in this Court on 6^th February, 2022 and as and when called upon to do so.

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(UMA SHANKER VYAS),J

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DANISH USMANI /21

Jaiveer Singh Son of Ram Swaroop Urf Raj Swaroop v. CBI Branch

Case brief

What is this about?

What did the court decide?

Jaiveer Singh Son of Ram Swaroop Urf Raj Swaroop v. CBI Branch

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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