[2025:RJ-JP:44219] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Suspension of Sentence Application No.2213/2025 In S.B. Criminal Appeal (Sb) No. 2903/2025 Jitendra Yadav S/o Shri Ghisa Lal Yadav, R/o Bheslana Police Station Kotputli, District Jaipur. Presently Residing At B-25, Prem Nagar-Ii, Jagatpura Road, Malviya Nagar, Jaipur, Working As Secretary, Krishi Upaj Mandi, Nadbai, District Bharatpur. (Presently Confined At Jaipur Jail) ----Appellant Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Appellant(s) : Mr. Vibhuti Bhushan Sharma, Adv. For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP HON'BLE MR. JUSTICE ANAND SHARMA Order 04/11/2025 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 Cases No.1, Jaipur Metropolitan-II (hereinafter to be referred as 'the trial Court') vide its judgment dated 17.10.2025, in Criminal Case No.23/2017 CIS Sessions Case No.23/2017, whereby the applicant-appellant was convicted for offences under Section 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 and has been punished with imprisonment of 4 years and fine. 2. It is submitted by learned counsel for the appellant that while passing the judgment of conviction, trial court has utterly [2025:RJ-JP:44219] (2 of 2) [SOSA-2213/2025] failed to appreciate that the complainant himself did not support the story of prosecution and was declared hostile by the prosecution. It is submitted that there was no conclusive evidence to prove the demand, yet overlooking the consistent evidence in favour of the appellant, he has been convicted by the impugned judgment. It is submitted that he was on bail during trial and has already remained in custody for around two months. 3. Learned Public Prosecutor opposed the application for suspension of sentence. 4. In the light of the fact that the complainant himself turned hostile and did not support the story of prosecution and also did not support his own allegation with regard to demand of bribe, 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; Jitendra Yadav S/o Shri Ghisa Lal Yadav, 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 04.12.2025 and thereafter, as and when he is called upon to do so. (ANAND SHARMA),J Jatin /16