Allowed

Nathuram v. State of Rajasthan

Rajasthan HC9 Aug 2023SOSA/1052/2023

Case brief

AI extract

What is this about?

Single judge order granting application for suspension of sentence. The High Court suspended the sentence of the appellant convicted under the Prevention of Corruption Act and released him on personal bail until the final disposal of his appeal.

What did the court decide?

Sentence under Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act and Section 7 of the same Act suspended; released on personal bond.

Nathuram Vs State of Rajasthan — Service and Employment | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc Suspension of Sentence Application No.1052/2023

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IN S.B. Criminal Appeal No. 1703/2023

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Nathuram S/o Sh. Mularam, Aged About 52 Years, B/c Jat, R/o Batadu, Teh. Baitu, Dist. Barmer Presently R/o Darbari, Dist. Jaisalmer.

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----Appellant

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Appellant(s)	: Mr. Bhanwar Lal Dudy
For Respondent(s)	: Mr. Abhishek Purohit,AGA

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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28/08/2023

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The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 08.08.2023 passed by the learned Special Judge (Prevention of Corruption Act) No.2 Jodhpur in Criminal Original Case No.105/2021(66/2018) whereby he was convicted and sentenced to suffer maximum imprisonment of 03 years under Section 13 (1) (d) R/w Section 13(2) of the Prevention of Corruption Act and lesser punishment for the other offences under Sections 7 of Prevention of Corruption Act. It is contended on behalf of the applicant that the learned trial Judge has not appreciated the correct, legal and factual aspects of the matter and thus, reached at an erroneous conclusion of guilt, therefore, the same is required to be

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(2 of 3)

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appreciated again by this court. The sentence of the accusedpetitioner has already been suspended by the trial court. (He was on bail during trial and did not misuse the liberty so granted to him; hearing of the revision is likely to take long time, therefore, the application for suspension of sentence may be granted.

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Per contra, learned public prosecutor has vehemently opposed the prayer made on behalf of the accused-applicant for releasing the petitioner on application for suspension of sentence.

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Heard and perused the material available on record.

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Considering the submissions of learned counsel for the parties and looking to the totality of facts and circumstances of the case, more particularly the facts/fact that the accusedpetitioner was on bail during the course of trial and the hearing of revision is likely to take further more time and considering the overall submissions while refraining from passing any comments on the niceties of the matter and the defects of the prosecution as the same may put an adverse effect on hearing of the revision, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused-petitioner.

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Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentence passed by learned Special Judge (Prevention of Corruption Act) No.2 Jodhpur who passed the impugned order 08.08.2023 in Criminal Original Case No.105/2021(66/2018) against the petitioner-applicant- Nathuram S/o Sh. Mularam shall remain suspended till final disposal of the aforesaid appeal

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(3 of 3)

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and he shall be released on bail provided he 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 27.09.2023 and whenever ordered to do so till the disposal of the revision on the conditions indicated below:-

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(1) That he will appear before the trial Court in the month of January of every year till the appeal is decided.

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(2) That if the applicant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.

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(3) Similarly, if the sureties change their addresses, they will give in writing their changed address to the trial Court.

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(FARJAND ALI),J

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2-Samvedana/-

Nathuram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Nathuram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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