HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal (Sb) No. 2060/2025 Chunni Lal S/o Ratan Lal, Aged About 33 Years, Village Bardod Police Station Hameergarh District Bhilwara The Then Assistant Gss Payra Office Of Assistant Engineer Ajmer Vidhyut Vitaran Nigam Limited Banera District Bhilwara ----Appellant Versus State Of Rajasthan, Through The Public Prosecutor ----Respondent For Appellant(s) : Mr. Devendra Sanwalot For Respondent(s) : Mr. Surendra Bishnoi, PP HON'BLE MR. JUSTICE SANDEEP SHAH

Order

27/08/2025 IN S.B. Criminal Appeal (Sb) No. 2060/2025:-

1. Admit.

2. Call for the record.

IN S.B. Criminal Misc. Suspension of Sentence Application No.1568/2025:-

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)/13(2) of the Prevention of Corruption Act, 1988 and maximum punishment imposed is two years simple imprisonment. Learned counsel for the appellant-applicant submits that the demand alleged was of Rs.300/- and the appellant-

applicant at the relevant time was posted as Technical Helper. He further submits that the sentence imposed has already been suspended by the learned Trial Court for a period of 30 days. He further submits that the appellant-applicant was on bail during the trial and there is no chance of hearing of the appeal in near future. In these circumstances, it is prayed that the appellant-applicant may be released on bail.

3. Per contra, learned Public Prosecutor opposes the application for suspension of sentence and submits that considering the fact that the demand and acceptance both are established, the appellant-applicant is not entitled for being given the benefit of suspension of sentence.

4. Upon consideration of the arguments advanced on behalf of the appellant-applicant and having regard to the facts and circumstances of the case, including the fact that the sentence of appellant-applicant has already been suspended and there is no chance 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(2) of BNSS is allowed and it is ordered that the sentence passed by the learned Special Judge (Prevention of Corruption Act Cases), Bhilwara, vide judgment dated 07.08.2025 in Miscellaneous Case No.124/2015, arising out of FIR No.428/2012, Anti Corruption Bureau, Chowki Bhilwara, Police Station CPS Jaipur against the appellant-applicant Chunni Lal S/o Ratan Lal, 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 03.10.2025 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 p