Rajasthan High Court - Jodhpur
Arjun Ram vs Cbi on 1 September, 2016
(1)
26 IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN AT JODHPUR
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SUSPENSION OF SENTENCE (APPEAL) (SOSA)
No. 817 of 2016
ARJUNRAM
VS
CENTRAL BUREAU OF INVESTIGATION
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Date of Order : 01.09.2016
HON'BLE MS. NIRMALJIT KAUR,J.
Mr. C.L. Mali, for the applicant
Mr. Panney Singh, Spl. Public Prosecutor, for the C.B.I.
ORDER
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This is an application under Section 389 of Cr.P.C. for suspension of sentence awarded to the applicant by the Special Judge, C.B.I., Jodhpur vide Judgment dated 30.06.2016 passed in Sessions Case No. 09/2012 for the offences under Sections 120-B, 409, 467, 471 & 477-A I.P.C. and Section 13(1)(C)(D) read with Section 13(2) of the Prevention of Corruption Act, 1988.
Learned counsel for the applicant while praying for suspension of sentence submitted that the only evidence against him is the statements of P.W. 36 and (2) P.W. 37 and the F.S.L. report.
As per the F.S.L. report, the signatures could not be verified as that of the applicant as his admitted signatures were not available and P.W. 36 and P.W. 37 stated that they were never posted with the present applicant.
After detailed hearing, it has been brought to the notice of this Court that the present applicant is Sub- Postmaster and the other co-accused, namely, Pancharam who is Dak Sahayak, both of them between themselves withdrew almost Rs. 2 crores from the bank at different occasions by issuing the withdrawal forms, which were counter signed by the applicant. They were posted during this period in the said post office and there was no one else but these two persons who were in-charge of the said post office.
No ground is made out for suspension of sentence awarded to the applicant.
Dismissed accordingly.
(NIRMALJIT KAUR ),J.
Inder/JrPA