HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Misc. Suspension of Sentence Application

No.2559/2025

In

S.B. Criminal Appeal (Sb) No. 3276/2025

Sureshchand Jain S/o Shri Khayali Chand Jain, R/o Satsang Bhawan Ki Gali, Baran, Ex Office Assistant, Division Forest Office

Baran, At Present Dismissed From Service.

----Appellant

Versus

State Of Rajasthan, Through The Public Prosecutor

----Respondent

For Appellant(s) : Ms. Dipti Jindal

For Respondent(s) : Mr. N.S. Dhakar, PP with

Mr. M.S. Shekhawat, PP

HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Order

18/12/2025

1. Heard learned counsel for the applicant-appellant and learned Public Prosecutor on the application for suspension of

sentence.

2. The applicant-appellant herein has been convicted for offences punishable under Sections 13(1)(C)(D) read with Section 13(2) of Prevention of Corruption Act, 1988 & Sections 409, 467, 468, 471 & 477A of IPC vide judgment dated 04.12.2025 passed by learned Special Judge, Prevention of Corruption Act Cases, Baran, in Criminal Regular Case No.73/2025 (CIS Session Case

No.73/2025) and has been sentenced to maximum punishment of three years.

3. Learned counsel for the applicant submits that the sentence awarded to the applicant-appellant has already been suspended by the trial court for a month.

4. Upon a consideration of the arguments advanced on behalf of the applicant and having regard to the facts and circumstances as available on the record, this Court is of the opinion that it is a fit case for suspending the sentence awarded to the accused applicant during pendency of the instant appeal.

5. Accordingly, the application for suspension of sentence filed under Section 430 BNSS is allowed and it is ordered that the sentence passed by the learned Special Judge, Prevention of Corruption Act Cases, Baran, vide judgment dated 04.12.2025 in Criminal Case No.73/2025 (CIS Sessions Case No.73/2025) against the appellant-applicant Sureshchand Jain S/o Shri Khayali Chand Jain, 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.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 19.01.2026 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), he will give in writing their changed address to the trial Court.

6. The learned trial Court shall keep the record of attendance of the accused-applicant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused- applicant was tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. In case the said accused applicant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.

(ANIL KUMAR UPMAN),J CHARU SONI /77 Powerd by TCPDF (w.tcpdf.org)