[2025:RJ-JP:17899] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application No. 709/2025 in S.B. Criminal Appeal No. 854/2025 Radheshyam Prajapat S/o Pitambar Dutt, Aged About 65 Years, R/o 51Jai Ambe Colony Behind N.e.b. Alwar Rajasthan Upper Division Clerk Consumer Branch Jen Jaipur Discom Mia Alwar (Raj) (Appellant Is In Central Jail Alwar) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Jitendra Sharma For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 28/04/2025 1. Instant SOS is preferred by appellant accused Radheshyam Prajapat aggrieved from judgment of conviction and sentence dated 21.03.2025 in sessions case no. 11/2017 passed by learned Special Judge, Anti Corruption Cases, Alwar whereby appellant accused was convicted and sentenced under Section 7 and 13(1) (d) read with Section 13(2) of Prevention of Corruption Act, 1988. 2. Learned counsel for the appellant submits that appellant is an innocent person and he has falsely been implicated in the instant case. He further submitted that learned trial court has overlooked material contradictions and discrepancies, in the statement of witnesses. He also submits that even the [2025:RJ-JP:17899] (2 of 3) [SOSA-709/2025] independent witnesses have not supported the case of prosecution rather the trial curt has also ignored cross-examination of complainant. He also submitted that the appellant accused was on bail during trial and disposal of appeal will take its own time. 3. Aforesaid contentions were opposed by learned Public Prosecutor and he submitted custody certificate and same is taken on record. 4. Heard learned counsel for petitioner and learned Public Prosecutor. Perused the record. 5. On the basis of complaint of Sushil Kumar about demand of bribe by appellant accused a verification proceedings was conducted by ACB and after verification a trap proceeding was organized. The appellant was caught red-handed and after preparing the memos a case under the Prevention of Corruption Act was registered. After investigation a charge-sheet has been filed. The appellant accused has faced trial and during trial total 15 witnesses were examined by prosecution and 33 documents were exhibited. The accused was examined under Section 313 of Cr.P.C. and he examined DW-1 Nihal Chand as defence witness. After considering the submissions, the trial court has acquitted the appellant accused. 6. During trial the appellant was on bail in pursuant to order dated 08.11.2016 in bail application no. 13338/2016 passed by a Co-ordinate Bench of this Court and disposal of appeal will take its own time. 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 [2025:RJ-JP:17899] (3 of 3) [SOSA-709/2025] allowed and sentence of appellant accused- Radheshyam Prajapat S/o Pitambar Dutt, is suspended till disposal of appeal with the condition that he would execute 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 06.08.2025 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/her/their 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. 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 /44(SOSA)