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2021 DIGILAW 2131 (RAJ)

Ramkaran Bhakar v. Cbi, Jaipur

2021-11-15

MANOJ KUMAR VYAS

body2021
ORDER 1. Heard. Appeals are admitted. IN SOS Applications No.:- 974/2021, 951/2021, 952/2021, 1004/2021, 1005/2021, 1006/2021:-1. Heard on applications for suspension of sentence. 2. The appellants have filed these appeals along with applications for suspension of sentence. 3. These appeals have been preferred against the judgment dated 23.09.2021 passed by court of learned Special Judge, (CBI) No.l, Jaipur (Rajasthan) in Special Criminal Case No. 12/2012 by which the appellants namely Om Dalai, Narendra Singh, Prof. Trilok Kumar Garg, Bishwambhar Prasad Singh and Data Ram Bhaskar have been convicted for offence/s under Sections 420 read with 120B, 468 read with 120B, 471 read with 120B of IPC and section 13(l)(D)(ii), Section 13(2) of PC Act, 1988 and appellant- Ramkaran Bhakar has been convicted for offence/s under Sections 420 read with 120B, 468 read with 120B, 471 read with 120B of IPC and section 13(l)(D)(ii), Section 13(2) of PC Act, 1988 read with Section 120 B of IPC. All appellants were sentenced to maximum term of three years imprisonment. 4. It has been submitted by learned counsel for the appellants that appellants have been sentenced to maximum term of three years imprisonment. As per certificate under Rule 311(3) of Rajasthan High Court Rules, 1952, the appellants were on bail during trial and their sentences have been suspended for a period of one month in exercise of power under Section 389 of Criminal Procedure Code. Presently, they are on bail. 5. Learned Public Prosecutor has opposed the applications for suspension of sentence. 6. Heard learned counsel for the parties and scanned the evidence available on record. 7. Taking into consideration the submissions of learned counsel for the parties, evidence available on record and overall facts and circumstances of the case but without commenting upon merits of the case, this Court deems just and proper to allow the applications for suspension of sentence. 8. Accordingly, the applications for suspension of sentence is allowed and it is ordered that the sentence awarded to accused-appellants 1. Ramkaran Bhakar S/o Shri Ramchandra Bhakar, 2. Om Dalai Son Of Shri Jile Singh, 3. Narendra Singh Son Of Shri Pratap Singh, 4. Prof. Trilok Kumar Garg S/o Late Sh. Madan Gopal Garg, 5. Bishwambhar Prasad Singh S/o Late Shri Rajnarayan Singh and 6. Ramkaran Bhakar S/o Shri Ramchandra Bhakar, 2. Om Dalai Son Of Shri Jile Singh, 3. Narendra Singh Son Of Shri Pratap Singh, 4. Prof. Trilok Kumar Garg S/o Late Sh. Madan Gopal Garg, 5. Bishwambhar Prasad Singh S/o Late Shri Rajnarayan Singh and 6. Data Ram Bhaskar S/o Late Shri Udal Singh Bhaskar, shall remain suspended till disposal of these criminal appeals and they shall be released on bail provided each of them furnishes a personal bond of Rs. 1,00,000/- (One Lakh) and two sureties of Rs. 50,000/- (Fifty Thousand) each to the satisfaction of the learned trial Court for their appearance in this Court on 15.12.2021 and as and when called upon to do so. Copy of this order be placed in each connected file.