LAWS(RAJ)-2023-3-149

CHETAN KUMAR SETHI Vs. STATE OF RAJASTHAN

Decided On March 01, 2023
Chetan Kumar Sethi Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) The appellant has preferred the instant appeal under Sec. 374(2) CrPC being aggrieved of the judgment of conviction and order of sentence dtd. 13/2/2023 passed by the learned Special Judge, Prevention of Corruption Act Cases, Bhilwara in Sessions Case No.85/2015. He has also preferred an application No.185/2023 under Sec. 389 CrPC seeking suspension of Sentence.

(2.) The sentence awarded to the appellant has already been suspended by learned trial Court till 14/3/2023 by taking report of Sec. 389 Sub clause 3 of the Cr.P.C. Upon consideration the grounds raised in the memo of the appeal and after going through the judgment impugned and looking to the age of the appellant being 62 years and as hearing of the appeal is unlikely in near future, I deem it proper to suspend the sentence awarded to the appellant during the pendency of the appeal.

(3.) Accordingly, the application for suspension of sentences filed under Sec. 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Special Judge, Prevention of Curruption Act Cases, Bhilwara vide judgment dtd. 13/2/2023 in Sessions Case No.85/2015 against the appellant-applicant Smt Chetan Kumar Sethi S/o Tejmal Sethi shall remain suspended till final disposal of the aforesaid appeal and she shall be released on bail, provided she executes a personal bond in the sum of Rs.50,000.00 with two sureties of Rs.25,000.00 each to the satisfaction of the learned trial Judge for her appearance in this court on 5/4/2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-