Allowed

Satish Kumar Telang S/O Krishan Sharma v. State of Rajasthan

Rajasthan HC17 Oct 2022SOSA/1349/2022

Case brief

AI extract

What is this about?

High Court suspended the sentence awarded to the appellant convicted under the Prevention of Corruption Act, allowing him release on bail with a personal bond and sureties pending disposal of the criminal appeal.

What did the court decide?

Application for suspension of sentence allowed; release on bail granted subject to deposit of fine and furnishing of bond by personal and two sureties.

Satish Kumar Telang S/O Krishan Sharma Vs State… — Criminal Trial and Appeal | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc. Suspension of Sentence Application No.1349/2022

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S.B. Criminal Appeal No. 2076/2022

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Satish Kumar Telang S/o Krishan Sharma, R/o Village And Post Gokul P.s. Mathura District Mathura, At Present R/o Plot No. 102/41 Kumbha Marg, Pratap Nagar, Sanganer (Jaipur) Retd. Personal Secretary, Social Welfare Department, Jaipur

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----Appellant

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Versus

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State of Rajasthan through Public Prosecutor

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----Respondent

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For Appellant(s) : Mr. M.I. Abbasi For Respondent(s) : Mr. Babulal Nasuna, PP

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HON'BLE MRS. JUSTICE SHUBHA MEHTA

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Order

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17/10/2022

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Heard learned counsel for the parties on the application filed for suspension of sentence and perused the entire material available on record. The accused-applicant has been convicted under Sections 7, 13 (1) (D) read with Section 13 (2) of Prevention of Corruption Act, 1988 and maximum sentence of one year and fine of Rs.25,000/- have been awarded to him.

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Learned counsel for the accused-applicant submits that there is no reliable and legally acceptable evidence to hold the accusedapplicant guilty for the alleged offence(s) and there is every likelihood of succeeding in the criminal appeal. Learned counsel further submits that accused-applicant was on bail during trial and

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(2 of 2)

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[CRLAS-2076/2022]

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his sentence has already been suspended by the learned trial Court. He further submits that final hearing of the appeal is likely to take time thus sentence of the accused-applicant may be suspended.

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Learned Public Prosecutor has vehemently opposed the prayer regarding suspension of sentence.

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I have considered the submissions made by learned counsel for the parties.

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Without commenting upon merits/demerits of the case and considering the arguments advanced by the parties, this Court deems it just and proper to suspend the sentence awarded to the applicant.

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Accordingly, the application for suspension of sentence is allowed. If the accused-applicant deposits the entire amount of fine awarded by the Trial Court then it is ordered that the sentence of imprisonment awarded by the learned trial Court to the accused-applicant namely, Satish Kumar Telang S/o Krishan Sharma in Sessions Case No.19/2016 (82/2006) shall remain suspended during pendency of the appeal and he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.1,00,000/- along with two sureties in the sum of Rs.50,000/each to the satisfaction of the learned trial Court with the stipulation that he shall appear before this court on 17th November, 2022 and thereafter as and when called upon to do so.

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(SHUBHA MEHTA),J

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Simple Kumawat/104

Satish Kumar Telang S/O Krishan Sharma v. State of Rajasthan

Case brief

What is this about?

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Satish Kumar Telang S/O Krishan Sharma v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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