Single Judge order allowing suspension of sentence pending appeal on the condition of furnishing a bond and bond of sureties.
Suspension of sentence awarded by the trial court shall remain suspended during the pendency of the appeal, subject to furnishing a personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- ea
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc. Bail Application No.4/2022 (Suspension of Sentence application)
IN
S.B. Criminal Appeal (Sb) No. 5/2022
Bhagwati Charan Verma S/o Shri Dhanraj Verma, (Was Designated As Senior Assistant National Insurance Company Ltd. Branch Sikar (Raj.) R/o Kumharon Ka Mohalla Bajaj Road Sikar (Raj.)
----Accused-Appellant
Versus
C.B.I., Through Special Public Prosecutor
----Respondent
For Appellant(s) : Mr. Dushyant Singh Naruka, through VC For Respondent(s) : Mr. Ashwini Kumar Sharma, Spl. P.P., through VC
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
11/01/2022
This suspension of sentence application has been filed by the applicant seeking suspension of his sentence.
Learned counsel for the applicant has contended that the applicant was convicted by the trial Court vide its judgment dated 22.12.2021 for the offence under Section(s) 409 IPC read with Section 120B IPC, 477A IPC read with Section 120B IPC, Section 467 IPC & Section 471 IPC and under Section 13(1)(c) read with Section 13(2) of Prevention of Corruption Act, 1988 and sentenced as under:-
(2 of 3) [SOSA-4/2022]
in default of payment of fine, to further undergo Simple Imprisonment of six months.
For offence under Section 467 IPC- Rigorous Imprisonment of three years with a fine of Rs.50,000/-; in default of payment of fine, to further undergo Simple Imprisonment of six months. For offence under Section 471 IPC- Rigorous Imprisonment of three years with a fine of Rs.50,000/-; in default of payment of fine, to further undergo Simple Imprisonment of six months.
For offence under Section 13(1)(c) read with Section 13(2) of Prevention of Corruption Act, 1988- Rigorous Imprisonment of three years with a fine of Rs.50,000/-; in default of payment of fine, to further undergo Simple Imprisonment of six months.
Learned counsel further submits that the accused applicant was on bail during trial and his sentence has been suspended by the trial Court. Hence, the applicant has prayed that his sentence may be suspended during pendency of the appeal.
Learned Public Prosecutor has opposed same.
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 Bhagwati Charan Verma
S/o Shri Dhanraj Verma by the trial Court shall remain suspended during the pendency of the appeal, provided he
(3 of 3)
[SOSA-4/2022]
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 he shall appear before this Court on 15th February, 2022 and thereafter as and when called upon to do so.
(UMA SHANKER VYAS),J
DANISH USMANI /49
Bhagwati Charan Verma
C.B.I.
Uma Shanker Vyas
As recorded by the court registry
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