High Court allowed suspension of sentence under Section 389 CrPC for appellant facing one-year imprisonment for corruption during pending appeal citing time consumption.
Application for suspension of sentence allowed; appellant released on bail with personal bond of Rs.40,000/- and two sureties of Rs.20,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Suspension of Sentence Application No.1258/2022
In
S.B. Criminal Appeal No. 2093/2022
Prabhakar S/o Bhanwar Lal Sharma, Aged About 69 Years, Retired From Block Primary Education Officer Panchayat Samiti Sarada At Present Residing At 54 Sagsaji Vihar Titradi Jaysamand Road Udaipur Raj.
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Appellant(s) | : Mr. Brijesh Parek |
|---|---|
| For Respondent(s) | : Mr. A.R. Malkani for |
| Mr. M.A.Siddiqui,AAG |
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
02/01/2023
Heard learned counsel for the applicant-appellant and learned Public Prosecutor for the State on application for suspension of sentences. Perused the material available on record. It is contended by the counsel for the appellantapplicant that appellant has been sentenced for the offence under Sections 7 and 13 (1) (d)/13 (2) of the Prevention for Corruption Act for one year’s simple imprisonment, which is already suspended by the Court below. Appellant-applicant was on bail during trial and disposal of the appeal will consume time.
Learned Public Prosecutor has opposed the application for suspension of sentence.
(2 of 2) [SOSA-1258/2022]
I have heard and considered the arguments advanced by the counsel for the parties and have gone through the material available on record.
Having considered the facts and circumstances and particularly the fact that sentence imposed upon the appellantapplicant is of one year’s simple imprisonment, and he was on bail during trial, disposal of appeal will consume time, therefore, this Court deems it fit and proper to allow the application for suspension of sentence filed by the appellant-applicant.
Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Special Judge, (Prevention of corruption Act) No.2, Udaipur, vide judgment dated 17.11.2022 in Sessions Case No.141/2019 (CIS No.566/2014) against the appellant-applicant Prabhakar S/o Bhanwar Lal Sharma,, shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he executes a personal bond in the sum of Rs.40,000/- with two sureties of Rs.20,000/- each to the satisfaction of the learned trial Judgefor his appearance in this court on 02.02.2023 and whenever ordered to do so.
(VINOD KUMAR BHARWANI),J
19-Mamta/-
1 issue framed by the court
Whether an application for suspension of sentence should be entertained in an appeal against corruption conviction pending disposal.
1 provisions across 1 enactments
Prabhakar S/o Bhanwar Lal Sharma
State Of Rajasthan
Vinod Kumar Bharvani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
