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2025 DAILYLAW 48823 (RAJ)

RAVINDRA KUMAR S/O SHRI SITARAM v. STATE OF RAJASTHAN

SOSA/2173/2025 · 2025-10-30

Anand Sharma

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:43449] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Application for Suspension of Sentence No.2173/2025 In S.B. Criminal Appeal No. 2862/2025 Ravindra Kumar S/o Shri Sitaram, R/o Village Chirawa, District Jhunjhunu, Currently Residing Near Government Hospital, Bhopal Road, Aklera, District Jhalawar, At The Time- Patwari- Patwar Mandal, Turkadiya, Tehsil Aklera, District Jhalawar, Rajasthan ----Appellant Versus State of Rajasthan, through PP ----Respondent For Appellant(s) : Mr. Pankaj Gupta with Mr. Naman Yadav Ms. Mudita Sharma 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, Sessions Court, Prevention of Corruption Act, Kota (Raj.) (hereinafter to be referred as 'the trial Court') vide its judgment & order dated 04.10.2025, in Sessions Case No.61/2013, whereby the applicant-appellant was convicted for offences under Section 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and sentenced to undergo [2025:RJ-JP:43449] (2 of 2) [SOSA-2173/2025] maximum period of three years' rigorous imprisonment along with fine. 2. It is submitted by learned counsel for the appellant that the trial Court has totally ignored the fact that the complainant (PW-4) turned hostile and did not support the prosecution story and ignorance of such a significant fact has caused miscarriage of justice to the appellant. 3. Learned Public Prosecutor opposed the application. 4. In the light of the fact that the complainant did not support the prosecution story, 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; Ravindra Kumar S/o Shri Sitaram, 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 /18