Allowed

Jagdish Prasad Meena S/O Gyarasilal Meena v. State of Rajasthan

Rajasthan HC11 Jan 2023SOSA/30/2023

Case brief

AI extract

What is this about?

This order in a Special Criminal Suspension of Sentence Application allowed the applicant to continue on bail pending appeal. The High Court suspended the sentence passed by the Special Judge and ordered the applicant to execute a personal bond with sureties.

What did the court decide?

Application under Section 389 Cr.P.C. allowed; sentence suspended; appellant released on bail with personal bond and sureties.

Jagdish Prasad Meena S/O Gyarasilal Meena Vs State of Rajasthan — Rajasthan HC (2023) — LawSathi Research

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B.Criminal Suspension of Sentence Application No.30/2023

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S.B. Criminal Appeal No. 29/2023

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Jagdish Prasad Meena S/o Gyarasilal Meena, Resident Of Village Jamdoli, Police Station Kanota, District Jaipur At Present Meter Reader, Office Of Assistant Engineer D-4, Jvvnl, Purana Ghat Jaipur

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	----Appellant
Versus

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State Of Rajasthan, Through Public Prosecutor

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	----Respondent
For Appellant(s)	: Mr. Amin Ali
For Respondent(s)	: Mr. Rajendra Yadav,AAG

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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11/01/2023

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Heard learned counsel for the accused-appellant and learned Additional Advocate General on the application for suspension of sentence and perused the judgment impugned dated 17.12.2022 passed by Learned Special Judge, Session Court, Prevention of Corruption Case, No.3, Jaipur Metropolitan, Second in Regular Sessions Case No. 102/2013 whereby the accused-appellant has been convicted for the offence punishable under section 7 of Prevention of Corruption Act 1988 IPC and has been sentenced with maximum of one year rigorous imprisonment along with fine of Rs. 10,000/- as well as under Section 13(I)(D) read with Section 13(2) of Prevention of Corruption Act 1988 and has been

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(2 of 3) [SOSA30/2023]

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sentenced with maximum of one year rigorous imprisonment along with fine of Rs. 10,000/-.

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Learned counsel for the accused-appellants submits that the trial court has grossly erred in convicting and sentencing the accused-appellant. It is submitted on behalf of the appellants that a false case has been foisted against them. Learned counsel further submits that the sentence has already been suspended by the learned trial court by exercising power under Section 389(3) of Cr.P.C. The accused appellant was on bail during trial and they have not misused the liberty granted in his favour. Hearing of the appeal would likely to take long time. They are willing and ready to furnish bail bonds for his release. Therefore, the application for suspension of sentence may be granted and the sentence awarded may be suspended.

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Learned Additional Advocate General has vehemently opposed the prayer made by learned counsel for the accusedappellant.

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Considering the overall submissions of the parties and looking to the totality of facts and circumstances of the case 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 appeal, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused-appellant.

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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, Session Court, Prevention of Corruption Case, No.3, Jaipur Metropolitan, Second

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(3 of 3) [SOSA30/2023]

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in vide judgment dated 17.12.2022 in Regular Sessions Case No. 102/2013 against the appellant-applicant- Jagdish Prasad Meena S/o Gyarasilal Meena 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.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 13.02.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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

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(FARJAND ALI),J

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Anu /120

Jagdish Prasad Meena S/O Gyarasilal Meena v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Jagdish Prasad Meena S/O Gyarasilal Meena v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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