Allowed

Rakesh Sharma S/O Shri Durgadutt Sharma v. CBI

Rajasthan HC11 Jan 2022SOSA/25/2022

Case brief

AI extract

What is this about?

High Court allowed the suspension of sentence application filed by Rakesh Sharma during the pendency of his criminal appeal. The court ordered the execution of the sentence awarded by the trial court to remain suspended, contingent upon the appellant furnishing a personal bond of one lakh rupees with two sureties of fifty thousand rupees each.

What did the court decide?

Execution of the sentence awarded by the trial court shall remain suspended during the pendency of the appeal.

Rakesh Sharma S/O Shri Durgadutt Sharma Vs CBI — 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. Bail Application for Suspension of Sentence No.25/2022

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S.B. Criminal Appeal No. 38/2022

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Rakesh Sharma S/o Shri Durgadutt Sharma, Occupation- The Then Branch Manager, National Insurance Company Ltd., Branch Sikar (Rajasthan) At Present Working As Assistant Manager, National Insurance Company Ltd., Regional Cell, 12, Residency Road, Jodhpur (Rajasthan) Address: House No. 4- La-13, Jawahar Nagar, Jaipur

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----Appellant-Accused

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Versus

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CBI, Jaipur Through Special Public Prosecutor

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----Respondent

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For Appellant(s) : Mr. Sudhir Jain, through VC For Respondent(s) : Mr. Ashwini Kumar Sharma, Spl. P.P., through VC

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HON'BLE MR. JUSTICE UMA SHANKER VYAS Order

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11/01/2022

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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 22.12.2021 for the offence under Section(s) 409 IPC read with Section 120B IPC, 477A IPC read with Section 120B IPC & under Section 13(1)(c) read with Section 13(2) of Prevention of Corruption Act, 1988 and sentenced as under:-

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For offence under Section 409 IPC read with Section 120B IPC Rigorous Imprisonment of three years with a fine of

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(2 of 3)

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[SOSA-25/2022]

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Rs.50,000/-; in default of payment of fine, to further undergo Simple Imprisonment of six months.

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For offence under Section 477A IPC read with Section 120B 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.

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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.

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Learned counsel further submits that the accused applicant was on bail during trial and his sentence has already been suspended by the learned trial Court. Hence, the applicant has prayed that his sentence 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 Rakesh Sharma S/o Shri Durgadutt Sharma by the trial Court shall remain suspended during the pendency of the appeal, provided he 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

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(3 of 3)

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[SOSA-25/2022]

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before this Court on 15^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 /48

Rakesh Sharma S/O Shri Durgadutt Sharma v. CBI

Case brief

What is this about?

What did the court decide?

Rakesh Sharma S/O Shri Durgadutt Sharma v. CBI

Case brief

What is this about?

What did the court decide?

What the court decided

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