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2025 DAILYLAW 49077 (RAJ)

MANOHAR SINGH S/O MOHAN SINGH v. STATE OF RAJASTHAN

SOSA/2190/2025 · 2025-11-01

Anand Sharma

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:43795] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Application No.2190/2025 (Suspension of Sentence Application) IN S.B. Criminal Appeal No.2879/2025 Manohar Singh S/o Mohan Singh, R/o Village Nathusar Police Station Shri Madhopur, District Sikar, Formerly-Constable, GRP Station Neemkathana, District Sikar, Currently Suspended ----Accused-Appellant Versus State of Rajasthan through Public Prosecutor ----Respondent For Appellant(s) : Mr. Deepak Chauhan For Respondent(s) : Mr. Vivek Sharma, PP HON'BLE MR. JUSTICE ANAND SHARMA Order 01/11/2025 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 Act, 1988, Sikar (Raj.) (hereinafter to be referred as 'the trial Court') vide its judgment & order dated 07.10.2025, in Sessions Case No.1/2025, whereby the applicant-appellant was convicted for offences under Sections 7, 13(1)(d) & 13(2) of the Prevention of Corruption Act, 1988 read with Section 120B of IPC and has been sentenced for maximum period of three years simple imprisonment. [2025:RJ-JP:43795] (2 of 2) [SOSA-2190/2025] 2. It is submitted by learned counsel for the appellant that the sentence has already been suspended by the learned Trial Court up to 11th November, 2025 and the application for suspension of sentence against the impugned judgment has been allowed by the Co-ordinate Bench of this Court vide order dated 17.10.2025 in S.B. Criminal Miscellaneous Suspension of Sentence (Bail) Application No.2105/2025. 3. Learned Public Prosecutor opposed the application. 4. In the light of the above, where the application for suspension of sentence of the co-accused has been allowed by the Co-ordinate Bench of this Court by order dated 17.10.2025, 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; Manohar Singh S/o Mohan 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 02.12.2025 and thereafter, as and when he is called upon to do so. (ANAND SHARMA),J DAKSH-GARIMA/14