HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Application for Suspension of Sentence No. 2447/2025 IN S.B. Criminal Appeal No. 3153/2025 Ganesh Lal Jat Son Of Kajodmal Jat, aged 46 Years, resident Of Plot No. 12, Printers Nagar-II, Sitabadi, Sanganer, District Jaipur, Permanent Resident of Village-Post Lasadiya, Tehsil Fagi, District Jaipur, The Then Patwari, Patwar Area Shikarpura, Tehsil Sanganer, District Jaipur, At Present Lodged In The Central Jail, Jaipur ----Appellant Versus State of Rajasthan, through The Public Prosecutor ----Respondent For Appellant(s) : Mr. Ashvin Garg For Respondent(s) : Mr. M.S. Shekhawat, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 04/12/2025 1. Heard learned counsel for the applicant-appellant and learned Public Prosecutor on the application for suspension of sentence. 2. The applicant-appellant herein has been convicted for offences punishable under Sections 7, 13(1)(D) and 13(2) of Prevention of Corruption Act, 1988 vide judgment dated 25.11.2025 passed by learned Special Judge, Prevention of Corruption Act, No.1, Jaipur Metropolitan-II in Criminal Regular Case No.13/2017 (CIS Session Case No.04/2017) and has been sentenced to maximum punishment of four years. (2 of 4) [SOSA-2447/2025] 3. It is submitted that learned trial court has erred in convicting and sentencing the appellant as mentioned above. Learned trial court has not appreciated the evidence in right and correct perspective. Counsel submits that maximum sentence imposed by the learned trial Court is four years. He relies upon the judgment passed by Hon’ble Apex Court in the case of Bhagwan Rama Shinde Gosai & Ors. Vs. State of Gujarat reported in (1999) 4 SCC 421 wherein, it has been held that when a convicted person is sentenced to fixed period of sentence and when he files appeal under any statutory right, suspension of sentence can be considered by the appellate court liberally unless there are exceptional circumstances. It is further submitted that applicant- appellant was on bail during trial & there is no allegation against him of misusing the liberty of bail. He argues that there is no immediate prospect of early hearing and disposal of the appeal. 4. Learned State counsel vehemently opposed the application for suspension of execution of sentence. 5. Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances as available on the record, especially the fact that maximum term of sentence is four years & also considering the judgment passed by Hon’ble Apex Court in the case of Bhagwan Rama Shinde Gosai (supra); during trial appellant was on bail and hearing of the appeal will take long time, but without making any comment on the merits/demerits of the case, this Court is of the opinion that the appellant has available to him strong grounds to assail the impugned judgment of conviction and sentence. Thus, it is a (3 of 4) [SOSA-2447/2025] fit case for suspending the sentences awarded to the accused appellant during pendency of the instant appeal. 6. Accordingly, the application for suspension of sentence filed under Section 430 BNSS is allowed and it is ordered that the sentences passed by the learned Special Judge, Prevention of Corruption Act, No.1, Jaipur Metropolitan-II vide judgment dated 25.11.2025 in Criminal Regular Case No.13/2017 (CIS Session Case No.04/2017) against the appellant-applicant Ganesh Lal Jat Son Of Kajodmal Jat shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 05.01.2026 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. That he will appear before the trial Court in the month of January of every year till the appeal is decided. 2. That if the applicant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court. 3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court. 7. The learned trial Court shall keep the record of attendance of the accused-applicant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused- (4 of 4) [SOSA-2447/2025] applicant was tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. In case the said accused applicant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail. (ANIL KUMAR UPMAN),J LALIT MOHAN /179