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2025 DAILYLAW 35756 (RAJ)

SURESH CHAND JAIN S/O SHRI KHAYALICHAND JAIN v. STATE OF RAJASTHAN

SOSA/2486/2024 · 2025-01-06

Bhuwan Goyal

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:628] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B.Criminal Misc. Suspension of Sentence Application NO. 2486/2024 IN S.B. Criminal Appeal (Sb) No. 3475/2024 Sureshchand Jain S/o Shri Khayalichand Jain, R/o Satsang Bhawan Ki Gali, Baran Ex Office Assistant, Forest Division Baran ----Appellant Versus State Of Rajasthan, Through The Public Prosecutor ----Respondent For Appellant(s) : Ms. Neetu Bhansali For Respondent(s) : Mr. Sudesh Kumar Saini, PP HON'BLE MR. JUSTICE BHUWAN GOYAL Order 06/01/2025 1. This application for suspension of sentence under Section 430 of the Bhartiya Nagarik Suraksha Sanhita has been filed by the accused-applicant being aggrieved by the Judgment of conviction and sentence dated 13.12.2024 passed by the learned Special Judge, Sessions Court, Prevention of Corruption Act, Kota (Raj.) vide-which accused-applicant has been convicted for the offences under Sections 13 (1)(D)(I)(II) Read with Section 13 (2) of Prevention of Corruption Act and Sections 409, 467, 468 & 471 IPC and sentenced to undergo maximum three years simple imprisonment with fine. 2. Heard learned counsel for the applicant and learned Public Prosecutor and perused the record of the case. [2025:RJ-JP:628] (2 of 3) [SOSA-2486/2024] 3. Learned counsel for the accused-applicant submits that the applicant was on bail during trial. He has not misused the liberty granted to him. He further submits that sentence awarded to the applicant being three years simple imprisonment has been temporarily suspended by the trial court for a period of one month. He further submits that the hearing of the appeal is likely to consume long time. He therefore prays that sentence awarded to the accused-applicant may be suspended and he may be released on bail. 4. Learned Public Prosecutor has vehemently opposed the application for suspension of sentence. 5 Having regard to the facts and circumstances of the case and considered arguments advanced by learned counsel for the parties, this court is of the opinion that it is a fit case for suspending the sentences awarded to the accused-applicant. 6. Accordingly, instant application for suspension of sentence filed by the accused-applicant under Section 430 of B.N.S.S., 2023 is allowed and it is ordered that sentence awarded by learned Special Judge, Sessions Court, Prevention of Corruption Act, Kota (Raj.) vide judgment dated 13.12.2024 in Sessions Case No.30/2004 against the accused-applicant-Sureshchand Jain S/o Shri Khayalichand 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 16.01.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- [2025:RJ-JP:628] (3 of 3) [SOSA-2486/2024] 1. After release of the accused-applicant, he shall not indulge in any criminal activity and if it is found that he is involved in any criminal activity, instant 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 change 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. 4. Similarly, if the sureties change his address(s), he will give in writing his changed address to the trial Court. (BHUWAN GOYAL),J Anu /86