Allowed

Sushila Saini W/O Late Shri Bhupendra Kumar Saini v. State of Rajasthan

Rajasthan HC5 Jan 2022SOSA/1341/2021

Case brief

AI extract

What is this about?

The High Court allowed a suspension of sentence application. The court ordered that the execution of the sentence awarded by the trial court be suspended during the pendency of the appeal, conditional on the appellant furnishing a personal bond and providing two sureties.

What did the court decide?

Execution of sentence suspended pending appeal; conditional upon furnishing personal bond of Rs. 1,00,000/- and two sureties of Rs. 50,000/- each.

Sushila Saini W/O Late Shri Bhupendra Kumar Saini Vs State of… — Corruption | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc. Application for Suspension of Sentence

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No.1341/2021

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S.B. Criminal Appeal No. 2133/2021

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Sushila Saini W/o Late Shri Bhupendra Kumar Saini, Aged About 72 Years, Resident Of Sedh Ka Tila, Near Company Bagh Alwar (Rajasthan) (Sentence Of The Accused Appellant Is Already Suspended Till 14.01.2022)

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----Accused-Appellant

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Versus

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State Of Rajasthan, Through P.P.

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----Respondent

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For Appellant(s) : Mr. Ashwani Kumar Chobisa, with Mr. Prakash Chand Thakuriya, through VC For Respondent(s) : Mr. S.S. Ola, P.P.

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HON'BLE MR. JUSTICE UMA SHANKER VYAS

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Order

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05/01/2022

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This suspension of sentence application has been filed by the applicant seeking suspension of his sentence.

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Learned counsel for the applicant has contended that the applicant was convicted by the Trial Court vide its judgment dated 16.12.2021 for the offence under Section(s) 13(1)(D)(2) of Prevention of Corruption Act and under Section 120B IPC and sentenced as under:-

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For offence under Section 13(1)(D)(2) of Prevention of Corruption Act- Imprisonment of three years with a fine of Rs.10,000/-; in default of payment of fine, to further undergo simple imprisonment of one month.

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(2 of 2)

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[SOSA-1341/2021]

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For offence under Section 120B IPC- Imprisonment of six months with a fine of Rs.10,000/-; in default of payment of fine, to further undergo simple imprisonment of one month.

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Learned counsel further submits that the accused applicant was on bail during the trial and presently sentence of the accused appellant has been suspended by the trial Court till 14.01.2022. He has prayed that this application for suspension of sentence of the applicant may be allowed and sentence of the applicant may be suspended during the pendency of the appeal.

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Learned Public Prosecutor has opposed same.

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Having heard the learned counsel appearing for the respective parties and carefully scanned the entire material available on record, this suspension of sentence application filed by the applicant is allowed and it is ordered that execution of sentence awarded to accused applicant Sushila Saini W/o Late

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Shri Bhupendra Kumar Saini by the Trial Court shall remain suspended during the pendency of the appeal, provided she furnishes a personal bond of Rs. 1,00,000/- (Rs. One Lakh) with two sureties of Rs.50,000/- (Rupees Fifty Thousand) each before the concerned Trial Court to the satisfaction of the learned trial court with the stipulation that she shall appear before this Court on 05^th February, 2022 and thereafter as and when called upon to do so.

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(UMA SHANKER VYAS),J

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DANISH USMANI /73

Sushila Saini W/O Late Shri Bhupendra Kumar Saini v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sushila Saini W/O Late Shri Bhupendra Kumar Saini v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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