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2025 DAILYLAW 43984 (RAJ)

RAM BAHADUR SINGH S/O SHRI HARVEER SINGH v. STATE OF RAJASTHAN

SOSA/2175/2025 · 2025-10-30

Anand Sharma

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:43450] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Suspension of Sentence Application No.2175/2025 In S.B. Criminal Appeal No. 2866/2025 Ram Bahadur Singh S/o Shri Harveer Singh, Aged About 48 Years, R/o 71, Bhagwati Nagar-I, Kartarpura, Jaipur (Raj.), At Present Head Constable No. 330, Police Thana Muhana, Hall Police Line, Jaipur. ----Appellant Versus State of Rajasthan through the Public Prosecutor ----Respondent For Appellant(s) : Mr. Mukesh Mehra For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP HON'BLE MR. JUSTICE ANAND SHARMA Order 30/10/2025 1. Instant application for suspension of sentence has been preferred on behalf of the applicant-appellant under Section 430 of BNSS alongwith the appeal, to suspend the sentence awarded by the Court of Special Judge, Prevention of Corruption Act No.4, Jaipur (Raj.) (hereinafter to be referred as 'the trial Court') vide its judgment & order dated 09.10.2025, in CIS Sessions Case No.05/2018, whereby the applicant-appellant was convicted for offences under Section 7 of the Prevention of Corruption Act, 1988 and sentenced to undergo three years' rigorous imprisonment along with fine. 2. Learned counsel for the appellant submits that while convicting the appellant, learned trial Court has ignored that the [2025:RJ-JP:43450] (2 of 2) [SOSA-2175/2025] statements given by PW-6 Ramavtar Yadav, PW-11 Shashi Kumar Gathera & PW-10 Pramod Kumar Sharma were inconsistent and contradictory and do not lead to any inference that the appellant had committed the offence as alleged against him. It is submitted that the sentence awarded to the appellant has already been suspended by the trial Court vide impugned judgment dated 09.10.2025. 3. Learned Public Prosecutor opposed the application for suspension of sentence. 4. In the light of above submissions made by learned counsel for the appellant, as well as the fact that the sentence awarded has already been suspended by the trial Court till 06.11.2025, without commenting anything on the merits of the case, this Court deems it just and proper to suspend the sentence awarded to the applicant-appellant during the pendency of the appeal. 5. Accordingly, the application for suspension of sentence is allowed and it is, hereby, ordered that the execution of sentence awarded to the accused-applicant, namely; Ram Bahadur Singh S/o Shri Harveer Singh, by the learned trial Court shall remain suspended during pendency of the appeal, provided he furnishes a personal bond in the sum of Rs.1,00,000/- together with two sureties of Rs.50,000/- each, to the satisfaction of the learned trial Court with the stipulation that he shall appear before this Court on 26.11.2025 and thereafter, as and when he is called upon to do so. (ANAND SHARMA),J DIVYA /19