Allowed

Bharat Prakash v. State of Rajasthan

Rajasthan HC3 May 2023SOSA/426/2023

Case brief

AI extract

What is this about?

High Court allowed the suspension of sentence awarded to the appellant for corruption offences pending trial of criminal appeal. Appellant was released on bail upon execution of personal bond with conditions regarding appearance and address reporting.

What did the court decide?

Application for suspension of sentence under Section 389 Cr.P.C. allowed; appellant released on bail pending appeal.

Bharat Prakash Vs State of Rajasthan — Corruption | 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

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No.426/2023

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S.B. Criminal Appeal No. 523/2023

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Bharat Prakash S/o Sh. Bhuralal Meghwal, Aged About 58 Years, L-42, Malla Talai, Udaipur, Ps Ambamata, At Relevant Time Development Officer, Panchayat Samiti, Suwana, Dist. Bhilwara (Raj.). (At Present Lodged In Dist. Jail, Bhilwara).

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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. Rajesh Panwar, Senior Advocate, assisted by Mr. Ayush Gehlot For Respondent(s) : Mr. A.R. Choudhary, P.P.

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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03/05/2023

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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 29.04.2023 passed by the learned Special Judge, PC Act Cases, District Bhilwara in Sessions Case No.59/2015, whereby he was convicted and sentenced to suffer maximum punishment of rigorous imprisonment of 4 years for the offence under Section 13(1)(D) alongwith Section 13(2) of the PC Act and lesser punishments for the offence under Section 7 of the PC Act.

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Learned counsel for the appellant submits that the certificate produced in this case under Section 65-B sub-clause (4) of the

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(2 of 3)

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Evidence Act was not duly proved, more particularly, the contents of the certificate, which were required to be proved by the person, who first gone through the contents of the CD. He further submits that the independent witness Ramakant (P.W.12) has not supported the story of the prosecution, which puts a dent in the genuineness of the allegation. It is contended that the appellant has strong arguable case in his favour. There are several flaws in the story of the prosecution. Thus, evidence is required to be appreciated again by this court. The appellant was on bail during trial and he did not misuse or abuse the liberty so granted. The hearing of the appeal is likely to take 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 appellant on application for suspension of sentence.

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

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Considering the submissions advanced at bar, grounds raised in the memo of appeal 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

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(3 of 3)

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sentence passed by learned Special Judge, PC Act Cases, District Bhilwara vide judgment dated 29.04.2023 in Sessions Case No.59/2015 against the appellant-applicant Bharat Prakash S/o Bhuralal Meghwal 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 05.06.2023 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 addresses, they will give in writing their changed address to the trial Court.

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(FARJAND ALI),J

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178-Pramod/-

Bharat Prakash v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bharat Prakash v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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