Allowed

Ramesh Kumar Jain Son of Shri Amritlal Jain v. State of Rajasthan

Rajasthan HC21 Dec 2023SOSA/1961/2023

Case brief

AI extract

What is this about?

This court allowed the application for suspension of sentence under Section 389 Cr.P.C. for an 67-year-old cancer patient convicted in an anti-corruption case, ordering the execution of the sentence to remain suspended during the appeal pendency against a personal bond.

What did the court decide?

Execution of sentence suspended during pendency of appeal upon furnishing of personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each.

Ramesh Kumar Jain Son of Shri Amritlal Jain Vs… — Criminal Trial and Appeal | Rajasthan HC (2023)

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[2023:RJ-JP:41050]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1961/2023

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S.B. Criminal Appeal No.3574/2023

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Ramesh Kumar Jain Son Of Shri Amritlal Jain, Aged About 67 Years, Resident Of Plot No. B-3, Defense Colony, Goner Road, Jaipur Earlier Working As Social Security Officer (Recovery) Employees State Insurance Corporation (Esic) Panchdeep Bhawan, Jaipur Rajasthan (Presently Confined In Central Jail, Jaipur)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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Sh. Bharat Singh Jhuria S/o Sh. Mohan Lal, Resident Of A-72, Sardar Patel Nagar, Pali District Pali Rajasthan

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----Respondents

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For Petitioner(s)	: Mr.	Umesh Vyas for
	Mr.	Amit Mathur
For Respondent(s)	: Mr.	Imran Khan, PP

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HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order

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21/12/2023

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Instant application for suspension of sentence has been preferred on behalf of the applicant-appellant under Section 389 of Cr.P.C. alongwith the appeal, to suspend the sentence awarded by the Court of Special Judge (Anti Corruption Act), No.4, Jaipur vide its judgment dated 04.12.2023, in Special Sessions Case No.41/2022, whereby the applicant-appellant was convicted for the alleged offence(s) & sentenced to undergo maximum period of four years rigorous imprisonment with fine.

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Learned counsel appearing for the applicant-appellant submits that the applicant is a sexagenarian, who is currently suffering from cancer disease, he was on bail during trial and he is

[2023:RJ-JP:41050]

[SOSA-1961/2023]

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behind the bars since 04.12.2023. Counsel further submits that the learned Trial Court has not appreciated the facts & circumstances of the case holistically and the hearing of the appeal will take its own time, hence, the sentence awarded to the applicant-appellant may be suspended during the pendency of the appeal.

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Learned Public Prosecutor has vehemently opposed the submissions made herein-above.

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Heard learned counsel for the parties and perused the material on record.

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Taking into consideration the term of sentence & the submissions made at bar and without commenting upon the merits of the case, this Court deems it just and proper to suspend the sentence awarded to the applicant-appellant during the pendency of the appeal.

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Accordingly, the application for suspension of sentence is allowed and it is, hereby, ordered that the execution of sentence awarded to accused-applicant, namely Ramesh Kumar Jain Son Of Shri Amritlal Jain, by the learned Trial Court shall remain suspended during pendency of the appeal, provided he furnishes a personal bond in the sum of Rs.50,000/- together with two sureties of Rs.25,000/- each, to the satisfaction of the learned trial Court with the stipulation that he shall appear before this Court on 22.01.2024 and thereafter, as and when he is called upon to do so.

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(VINOD KUMAR BHARWANI),J

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SAHILSONI /24

Ramesh Kumar Jain Son of Shri Amritlal Jain v. State of Rajasthan

Case brief

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Ramesh Kumar Jain Son of Shri Amritlal Jain v. State of Rajasthan

Case brief

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