[2025:RJ-JP:29557] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application No. 1448/2025 in S.B. Criminal Appeal No. 1989/2025 Ramkishan Meena S/o Moolchand Meena, Aged About 65 Years, R/o Gram Surer, Tehsil Rajgarh District Alwar (Raj) (At Present The Accused Appellant Is Confined N The District Jail, Alwar) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Manish Gupta Mr. Banwari Lal Saini For Respondent(s) : Mr. Devi Singh, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 01/08/2025 1. The instant application for suspension of sentence is preferred by appellant - Ramkishan Meena S/o Moolchand Meena in pending appeal filed aggrieved from order of conviction and sentence dated 18.07.2025 in Sessions Case No. 13/2017 passed by learned Special Judge, P.C. Act cases, Alwar whereby appellant was convicted for offence under Sections 7 and 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988. The maximum sentence awarded to this appellant is 4 years. 2. Learned counsel for the appellant while relying upon grounds of appeal submitted that appellant is an innocent person and he was falsely implicated by complainant. He further submitted that [2025:RJ-JP:29557] (2 of 4) [SOSA-1448/2025] neither any work was pending with the appellant nor any demand was made for demand of bribe but without demand and verification a trap proceeding was organised by ACB. He further submitted that the evidence on record clearly suggest that this appellant is an innocent person and he has been falsely implicated by complainant. He further submitted that there is no transcription to show involvement of present appellant. At last, he submitted that this appellant was on bail during trial and disposal of appeal will take its own time. 3. Aforesaid contentions were opposed by learned Public Prosecutor. He submitted custody certificate and same is taken on record. 4. Heard learned counsel for appellant and learned Public Prosecutor. Perused the record. 5. On the basis of complaint lodged by complainant Amit Kumar Gupta, about demand of bribe by appellant accused as registry clerk, a trap proceeding was arranged after due verification and during trap the appellant accused was detained and the amount was recovered. The ACB has registered FIR no. 194/2016 P.S. ACB. After investigation a charge-sheet has been filed against appellant accused. After framing the charge prosecution has examined 18 witnesses and exhibited 39 documents. The accused was examined under Section 313 Cr.P.C. and he has examined DW-1 as defence witness. Ultimately, the appellant accused was convicted and sentenced. 6. This appellant accused was on bail during trial in pursuant to order dated 03.08.2016 in bail application no. 8824/2016 passed [2025:RJ-JP:29557] (3 of 4) [SOSA-1448/2025] by a Co-ordinate Bench of this Court. The disposal of appeal will take its own time. 7. We have considered the evidence as referred by learned counsel for appellant and also perused the cross-examination of important witnesses termed as material witnesses. 8. At this stage, it is not possible for us to express any opinion on merits of the case, but looking to the facts and circumstances of the case, it is a fit case to enlarge appellant on bail. 9. Therefore, without expressing any opinion on merits, having considered the totality of facts and circumstances of the case, I am of considered view that it is a fit case wherein appellant can be enlarged on bail. The application under Section 430(1) B.N.S.S. is allowed and sentence of appellant accused- Ramkishan Meena S/o Moolchand Meena is suspended till disposal of appeal with the condition that he would executes a personal bond in the sum of Rs.50,000/-with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 25.11.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. After release of appellant on bail, he will not indulge in any criminal activity and if it is found that he is involved in any criminal activity, the order shall be recalled. 2. That he will appear before the trial Court in the month of January of every year till the appeal is decided. 3. That if the applicant(s) changes the place of residence, he will give in writing his changed [2025:RJ-JP:29557] (4 of 4) [SOSA-1448/2025] address to the trial Court as well as to the counsel in the High Court. 4. Similarly, if the sureties change their address(s),they will give in writing their changed address to the trial Court. 5. In case, the applicant has violated any condition, then the order of SOS shall be recalled and cancelled. 10. Misc. Application stands disposed of. 11. A copy of this order be sent to learned trial court through E- mail. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /13(SOSA)