HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal (Sb) No. 2158/2025 Sunil Malot S/o Shri Vijay Kumar Malot, Aged About 59 Years, R/ o Vadia Colony, District Banswara, Presently Working On The Post Of Ldc In Evaluation Department, Govt. Of Rajasthan (On Deputation In The Office Of Project Director Anuja Nigam, Banswara)

----Appellant Versus State Of Rajasthan, Through Pp ----Respondent For Appellant(s) : Mr. Naresh Singh For Respondent(s) : Mr. Narendra Gehlot, PP HON'BLE MR. JUSTICE SANDEEP SHAH

Order

08/09/2025 In S.B. Criminal Appeal (Sb) No. 2158/2025:-

1. Admit.

2. Call for the record.

In S.B. Criminal Misc. Suspension of Sentence Application No.1667/2025:

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 offence under Section 7 of Prevention of Corruption Act, 1988 and the sentence imposed is simple imprisonment for a period of three years. Learned counsel for the appellant-applicant further submits that appellant-applicant was on bail during the course of trial and no recovery was proved with regard to any illegal gratification. He further submits that even in the transcripts, the conversation was not recorded. He thus, submits that the appellant-applicant is entitled for suspension of sentence.

3. Per contra, the learned Public Prosecutor opposes the application for suspension of sentence and submits that when the accused-applicant came to know about the trap being played, he did not accept the amount and that is the reason why recovery could not be effected. He further submits that for the same reason, there is no mention of the conversation qua recovery etc. in the transcripts. Therefore, the application in question deserves to be dismissed.

4. Upon consideration of the arguments advanced on behalf of both the sides and having regard to the facts and circumstances of the case including the facts that the sentence imposed is simple imprisonment for three years, appellant-applicant was on bail during the course of trial, the arguable points raised by learned counsel for the appellant-applicant and chances of hearing of appeal in near future are bleak, 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 BNSS is allowed and it is ordered that the sentence passed by learned Special Judge (Prevention of Corruption Act) No.1 Udaipur, District Udaipur, Rajasthan vide judgment dated 01.09.2025 in Special Sessions Case No.2/2012 (CIS No.66/2014), against the appellant-applicant Sunil Malot S/o Shri Vijay Kumar Malot 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 08.10.2025 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 appellant-applicant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the appellant-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 t