Partly allowed

Dr. Amarchand Mawar S/O Shri Goduram Mawar v. State of Rajasthan

Rajasthan HC14 Jul 2023SOSA/1030/2023

Case brief

AI extract

What is this about?

Appeal against conviction and sentence under Prevention of Corruption Act. Application for suspension of sentence under Section 389(1) Cr.P.C. was allowed with conditions and a personal bond.

What did the court decide?

Suspension of sentence of accused-appellant allowed contingent upon execution of personal bond with sureties to ensure appearance in court.

Dr. Amarchand Mawar S/O Shri Goduram Mawar Vs State of Rajasthan — Corruption | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc. (SOS) Application No.1030/2023

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S.B. Criminal Appeal No. 1755/2023

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Dr. Amarchand Mawar S/o Shri Goduram Mawar, Aged About 61 Years, R/o Plot No. 30, Santosh Nagar Anchor Marg, Ajmer Road, Jaipur The Then Junior Specialist Orthopedic, Rajeev Gandhi General Hospital, Alwar (Rajasthan)

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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.	Ram Mohan Sharma
	Mr.	Mahendra Singh Solanki
For Respondent(s)	: Mr.	B.L. Nasuna, Dy.G.A.

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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14/07/2023

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Learned Deputy Government Advocate accepts notice on behalf of the State.

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Present appeal is preferred aggrieved from order of conviction and sentence dated 23.06.2023 in Criminal Regular Case No.20/2014 passed by learned Sessions Judge, Special Court, Prevention of Corruption Act, Alwar whereby appellant was convicted for charge under Sections 7 and 13(1)(d) read with Section 13(2) of PC Act and further sentenced to undergo simple imprisonment of 3 years in each of offence along with fine.

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Considered the grounds of appeal and perused the material available on record.

[SOSA-1030/2023]

(2 of 2)

Admit.

Call for record.

It is submitted that appellant was on bail during trial and learned trial court after conviction and sentence has suspended effect of sentence for a period of 30 days and next date is 21.07.2023.

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Considering the fact that appellant is on bail and disposal of appeal will take its own time, therefore application under Section 389(1) of Cr.P.C. is allowed and sentence of accused-appellant- Dr. Amarchand Mawar S/o Shri Goduram Mawar is suspended till disposal of appeal with the condition that he would executes a personal bond in the sum of Rs.50,000/-with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 20.12.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

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That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court.

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Similarly, if the sureties change their address(s), he will give in writing their changed address to the trial Court.

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Misc. Application stands disposed of.

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(ASHOK KUMAR JAIN),J

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Arun/31

Dr. Amarchand Mawar S/O Shri Goduram Mawar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Dr. Amarchand Mawar S/O Shri Goduram Mawar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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