[2025:RJ-JP:24203] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application No. 1180/2025 in S.B. Criminal Appeal No. 1602/2025 Mahaveer Prasad Son Of Shri Phoolchand, Aged About 68 Years, Resident Of Mohalla Purohitan (Purushottam Market) Narayanpur Tehsil Thanagazi District Alwar (Raj) (Presently The Accused Appellant Is Confined In Central Jail, Alwar) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Heramb Saraswat, Ms. Chanchal & Mr. Lokendra Sharma for Mr. Rajneesh Gupta For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 02/07/2025 1. The instant application for suspension of sentence is preferred by appellant - Mahaveer Prasad Son Of Shri Phoolchand in pending appeal filed aggrieved from order of conviction and sentence dated 06.06.2025 in Sessions Case No. 17/2016 passed by learned Sessions Judge, Anti Corruption Cases, Alwar whereby appellant was convicted for offence under Section 7, 13(1)(d) & 13(2) of Prevention of Corruption Act and sentenced accordingly. 2. Learned counsel for the appellant while relying upon grounds of appeal submitted that appellant is an innocent person and he [2025:RJ-JP:24203] (2 of 4) [SOSA-1180/2025] has been falsely implicated by ACB. He further submitted that learned trial court after convicting the appellant has sentenced him to undergo imprisonment of four years and he was on bail during trial and it is likelihood that the disposal of appeal will take its own time. He further referred the cross-examination of complainant and other witnesses and submitted that discrepancies and contradictions were material and sufficient to dent the case of prosecution but were ignored by learned trial court. At last, he submitted that he has a good case to succeed in appeal and in case appellant is not granted SOS, then he may suffer irreparable loss. 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 by Hanuman Prasad Saini about demand of bribe for preparing survey report in relation to electricity connection, a trap was led by ACB and subsequently appellant accused was trapped and a proceeding was initiated after filing of charge-sheet. The appellant accused has faced charges as framed by learned Special Judge (Prevention of Corruption Act) cases, Alwar. After considering the prosecution evidence, learned trial court has convicted the appellant accused under Section 7 and 13(1)(d) read with Section 13(2) of Prevention of Corruption Act. The maximum awarded to the appellant is four years. This appellant accused was on bail during trial and disposal of appeal will takes its own time. [2025:RJ-JP:24203] (3 of 4) [SOSA-1180/2025] 6. 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. 7. Therefore, without expressing any opinion on merits, 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- Mahaveer Prasad Son Of Shri Phoolchand 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 17.10.2025 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 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. [2025:RJ-JP:24203] (4 of 4) [SOSA-1180/2025] 8. Misc. Application stands disposed of. 9. A copy of this order be sent to learned trial court through E- mail. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /48