HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal (Sb) No. 2565/2025 Bhanwar Lal S/o Shri Birma Ram, Aged About 54 Years, Resident Of Gourau, Tehsil Jayal, District Nagaur, The Then Patwari Patwar Mandal Fardoud District Nagaur ----Appellant Versus State Of Rajasthan, Through PP ----Respondent For Appellant(s) : Mr. Jai Kishan Suthar For Respondent(s) : Mr. Narendra Gehlot, PP Mr. Omprakash Choudhary HON'BLE MR. JUSTICE SANDEEP SHAH

Order

10/11/2025 IN S.B. Criminal Appeal (SB) No.2565/2025:-

1. Admit.

2. Call for the record.

IN S.B. Criminal Misc. Suspension of Sentence Application No.2092/2025:-

1. Heard learned counsel for the appellant-applicant as well as learned Public Prosecutor and perused the material available on record.

2. Learned counsel for the appellant-applicant submits that the appellant-applicant has been convicted for the offences punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and Section 201 of the IPC. He submits that there is an allegation of demand and acceptance of a sum of Rs.7,000/-, whereas the actual recovery effected is only Rs.2,000/-, at the time when the appellant-applicant was posted as a Patwari. He also submits that the appellant-applicant has been sentenced to undergo three years’ simple imprisonment, and there are bleak chances of hearing of the appeal in near future. He, therefore, implores this Court to allow the application for suspension of sentence of the appellant-applicant.

3. Per contra, learned Public Prosecutor opposes the application for suspension of sentence and submits that the learned Trial Court has considered the entire evidence threadbare and has passed a detailed order for convicting the appellant-applicant, therefore, the application for suspension of sentence in question deserves to be dismissed.

4. Having considered the arguments advanced by both the sides and having regard to the facts and circumstances of the case, including the facts that arguable points have been raised by the learned counsel for the appellant, that the appellant-applicant has been sentenced to undergo three years’ simple imprisonment, and there are bleak chances of hearing of the appeal in near future, this Court is of the opinion that it is a fit case for suspending the sentence awarded to the accused appellant-

applicant.

5. Accordingly, the application for suspension of sentence filed under Section 430 of BNS is allowed and it is ordered that the sentence passed by the learned Special Judge (Prevention of Corruption Act), Ajmer, vide judgment dated 30.10.2025 in Special Sessions Case No.36/2014 (CIS No.63/2015), (State of Rajasthan v. Bhanwar Lal), against the appellant-applicant Bhanwar Lal S/o Shri Birma Ram, 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 11.12.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

1. That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their 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), they 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(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant(s) was/were 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 pende