Allowed

Narayan Nath S/O Anda Ram v. State of Rajasthan

Rajasthan HC24 Nov 2023SOSA/1817/2023

Case brief

AI extract

What is this about?

In S.B. Criminal Misc. Bail Application No. 1817/2023, the High Court of Rajasthan suspended the sentence awarded to two appellants convicted under the Prevention of Corruption Act and IPC. The court, without adjudicating merits, granted suspension subject to furnishing a personal bond and two sureties.

What did the court decide?

Suspended the execution of the sentence awarded by the Sessions Court, subject to furnishing a personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each.

Narayan Nath S/O Anda Ram Vs State of Rajasthan — Corruption | Rajasthan HC (2023)

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[2023:RJ-JP:36065]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc. Bail (Suspension of Sentence) Application No.1817/2023

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S.B. Criminal Appeal No. 3397/2023

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Narayan Nath S/o Anda Ram, Aged About 66 Years, R/o Village Harima Tehsil Jayal District Nagaur (Raj) The Then Sarpanch Gram Panchayat Saranshi Panchayat Samiti Nagaur

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Chain Nath S/o Shri Narayan Nath, Aged About 41 Years, R/o Village Harima Tehsil Jayal District Nggaur (Raj)

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----Appellants

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Versus

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State Of Rajasthan

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Devkaran S/o Kisna Ram, Resident Of Village Khanwar, Tehsil Jayal District Nagaur.

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----Respondents

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For Appellant(s) : Mr. Jai Singh for Mr. Chena Ram Rajpurohit For Respondent(s) : Mr. Imran Khan, PP

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HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

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Order

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24/11/2023

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This application for suspension of sentence has been filed by the applicant-appellants alongwith the appeal.

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Learned counsel for the applicant-appellants submits that the applicant-appellant No.1 has been convicted by the learned Sessions Court for the offences under Section(s) 7 of P.C. Act & Section 13(1)(d) (2) of P.C. Act r/w Section 120B I.P.C. and sentenced with a maximum period of two years rigorous imprisonment along with fine and applicant-appellant No.2 has been convicted for the offences under Section(s) 7 of P.C. Act r/w Section 120B I.P.C. & Section 13(1)(d)(2) of P.C. Act r/w Section 120B I.P.C. and sentenced with a maximum period of two years rigorous imprisonment along with fine as per judgment

[2023:RJ-JP:36065]

[SOSA-1817/2023]

(2 of 2)

dated 26.10.2023. Counsel has annexed the Certificate under Rule 311 of High Court Rules, 1952 to the effect that the applicants were on bail during trial and presently, they are not in judicial custody. Counsel also submits that the judgment of conviction & sentence passed by the Sessions Court, is totally based upon surmises and conjectures and the appeal is likely to take long time to conclude. Hence, the sentence awarded to the applicants may be suspended during the pendency of the appeal.

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Learned Public Prosecutor has vehemently opposed the submissions made by learned counsel for the applicant-appellants.

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Looking to the term of sentence, without commenting upon the merits of the case and considering the submissions made at bar, this Court deems it just and proper to suspend the sentence awarded to the applicant-appellants.

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Accordingly, this application for suspension of sentence, is allowed and it is hereby ordered that the execution of sentence awarded to the applicant-appellants, namely Narayan Nath S/o Anda Ram & Chain Nath S/o Shri Narayan Nath, by the learned Sessions Court vide judgment dated 26.10.2023, shall remain suspended during the pendency of the appeal, provided each of them furnishes a personal bond of Rs.50,000/- together with two sureties of Rs.25,000/- each, to the satisfaction of the learned Sessions Court with the stipulation that they shall appear before this Court on 22.12.2023 and thereafter, as and when they are called upon to do so.

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(VINOD KUMAR BHARWANI),J

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SAHIL SONI /26

Narayan Nath S/O Anda Ram v. State of Rajasthan

Case brief

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Narayan Nath S/O Anda Ram v. State of Rajasthan

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