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2004 DIGILAW 610 (RAJ)

Abdul Hakim v. State

2004-04-19

HARBANS LAL

body2004
JUDGMENT 1. - This application for suspension of sentence u/s. 389 Cr.P.C. has been filed on behalf of applicant-appellant-Abdul Hakim who has been convicted by the learned Special Judge, Sessions Judge (Anti Corruption Act), Jaipur in Special Regular Cr. Case No. 29/1999, State v. Dr. Braj Sunder & Anr. for offences u/s. 7 of the Prevention of Corruption Act, 1988 r/w 120-B IPC and Secs. 13(1)(d)(2) of the Act, 1988 r/w Section 120-B IPC. The maximum sentence awarded to the applicant is 2 years RI with a fine of Rs. 500/- with default stipulation. 2. I have heard learned counsel for the applicant-appellant as well as the Public Prosecutor for the State and have also perused the impugned judgment. 3. Having regard to the submissions made at the bar, keeping in view the short period of sentence and the fact that he was on bail during trial and there is no immediate prospect of his appeal being heard in near future, I deem it just and proper to suspend sentence of the applicant-appellant during the pendency of his appeal. 4. The application for suspension of sentence is, therefore, allowed and it is directed that the sentence awarded to applicant-Abdul Hakim son of Sher Mohd. shall remain suspended till the disposal of his criminal appeal provided he furnishes a personal bond in the sum of Rs. 20,000/- together with one surety in the like amount to the satisfaction of the trial Court for his appearance before this Court on 19.5.2004 and thereafter as and when he is called upon to do so.Application allowed. *******