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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Vinod Kumar Bharwani, J.
Prabhakar – Appellant
Versus
State of Rajasthan Through PP – Respondent
S.B. Criminal Suspension of Sentence Application No. 1258/2022 in S.B. Criminal Appeal No. 2093/2022
Decided On : 02-01-2023
Suspension of Sentence - Prevention of Corruption Act - The court allowed the application for suspension of sentence filed by the appellant-applicant, considering the fact that the sentence imposed was one year's simple imprisonment and the appellant was on bail during trial, and the disposal of the appeal would consume time.
Fact of the Case:
The appellant-applicant was sentenced for the offence under Sections 7 and 13 (1) (d)/13 (2) of the Prevention of Corruption Act for one year's simple imprisonment, which was already suspended by the Court below. The appellant was on bail during trial and disposal of the appeal would consume time.
Finding of the Court:
The court deemed it fit and proper to allow the application for suspension of sentence filed by the appellant-applicant, considering the facts and circumstances, particularly the nature of the sentence and the appellant's bail status during trial.
Issues: Application for suspension of sentence under Section 389 Cr.P.C.
Ratio Decidendi: The court considered the nature of the sentence, the appellant's bail status during trial, and the time required for the disposal of the appeal in allowing the application for suspension of sentence.
Final Decision: The application for suspension of sentence filed under Section 389 Cr.P.C. is allowed, and the sentences passed against the appellant-applicant shall remain suspended till the final disposal of the appeal, and he shall be released on bail upon fulfilling certain conditions.
ORDER
1. 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.
2. 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.
3. Learned Public Prosecutor has opposed the application for suspension of sentence.
4. I have heard and considered the arguments advanced by the counsel for the parties and have gone through the material available on record.
5. 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.
6. 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.
The court has the discretion to allow the suspension of sentence based on the nature of the sentence, the defendant's bail status during trial, and the time required for the disposal of the appeal.
The court established that under Section 389 CrPC, a sentence can be suspended during the appeal process if the circumstances justify such action, particularly considering the age of the appellant an....
The court established that under Section 389 of Cr.P.C., a sentence can be suspended during the appeal process if justified by the circumstances of the case.
Under Section 389 of Cr.P.C., a sentence can be suspended during the appeal process, contingent upon the provision of a personal bond and sureties.
The court has the discretion to suspend a sentence during the pendency of an appeal, considering the totality of the facts and circumstances, and the likelihood of the appeal being heard in the near ....
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