Order

07/02/2023 Heard learned counsel for the accused-appellant and learned Public Prosecutor on the application for suspension of sentence and perused the judgment impugned dated 30.01.2023 passed by Special Judge,Sessions Court, Prevention of Corruption Cases, No.3, Jaipur Metropolitan-II in Sessions Case No. 108/2013 whereby the accused-appellant has been convicted for the offence punishable under sections 7 of the Prevention of Corruption Act, 1988 and has been sentenced with maximum of two years rigorous imprisonment along with fine of Rs. 25,000/- and under section 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 and has been sentenced with maximum of two years rigorous imprisonment along with fine of Rs. 25,000/-.

Learned counsel for the accused-appellant submits that the trial court has grossly erred in convicting and sentencing the accused-appellant. He was on bail during the entire course of trial but the liberty was never misused. Therefore, the application for suspension of sentence may be granted.

Learned Public prosecutor has vehemently opposed the prayer made by learned counsel for the accused-appellant.

Heard. 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.

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 Special Judge,Sessions Court, Prevention of Corruption Cases, No.3, Jaipur Metropolitan-II in Sessions Case No. 108/2013 vide judgment dated 30.01.2023 against the appellant-applicant- Dinesh Mudgal S/o Rameshwar Prasad 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 08.03.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.

2. 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.

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

(FARJAND ALI),J

Anu /112