SURESHCHAND JAIN S/O SHRI KHAYALI CHAND JAIN v. STATE OF RAJASTHAN
SOSA/2304/2025 · 2025-11-19
Anand Sharma
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 44149 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 44149 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:46601] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Suspension of Sentence Application No.2304/2025 IN S.B. Criminal Appeal No.2997/2025 Sureshchand Jain S/o Shri Khayali Chand Jain, R/o Satsang Bhawan Ki Gali, Baran, Ex Office Assistant, Division Forest Office Baran, at present Dismissed from Service. ----Accused/Appellant Versus State of Rajasthan through Public Prosecutor ----Respondent For Appellant(s) : Ms. Dipti Jindal on behalf of Mr. Amit Jindal For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP HON'BLE MR. JUSTICE ANAND SHARMA
Order 19/11/2025
1. Instant application for suspension of sentence has been preferred on behalf of the applicant-appellant under Section 430 of Bharatiya Nagarik Suraksha Sanhita, 2023 along with the appeal, to suspend the sentence awarded by the Court of Special Judge, Prevention of Corruption Act Cases, Baran (Raj.) (for short 'the trial Court') vide its judgment dated 10.11.2025 in CIS Session Case No.17/2025, whereby the applicant-appellant was convicted for the offences under Sections 13(1)(c)(D) read with Section 13(2) of the Prevention of Corruption Act, 1988 and Sections 409, 420, 467, 468, 471 & 477A of IPC and has been punished with a suspension of sentence of three years of simple imprisonment and fine.
2. It is submitted by learned counsel for the appellant that the learned trial Court has committed serious irregularities in not properly appreciating the evidence on record and has ignored the
[2025:RJ-JP:46601] (2 of 2) [SOSA-2304/2025] significant fact that at the relevant time, appellant was not posted as cashier and signature on the alleged receipt was not of the appellant. The appellant is aging 78 years and there were no charges of accepting any bribe whatsoever alleged against the appellant. Hearing of appeal would take time, hence, the sentence as awarded vide impugned judgment be suspended.
3. Learned Public Prosecutor opposed the application for suspension of sentence and submitted that the categorical finding recorded by the learned trial Court against the accused-appellant on the basis of evidence is available on record.
4. In light of the fact that the appellant is aging 78 years and has raised grounds so as to question the propriety of
judgment in question and there were no allegations of accepting bribe by the appellant, without expressing any opinion on merits of the case, this Court deems it just and proper to suspend the sentence of the appellant.
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; Sureshchand Jain S/o Shri Khayali Chand Jain 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 15.12.2025 and, thereafter, as and when he is called upon to do so.
(ANAND SHARMA),J DAKSH/13