HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.2540/2025 IN S.B. Criminal Appeal (Sb) No. 3252/2025 Banwari Lal Yadav (B.L. Yadav) S/o Birdharam Yadav, Aged About 68 Years, R/o Plot No. 310, Shree Gopal Nagar, Gopalpura Bypass, Jaipur (Raj.) The Then Additional Commissioner of Income Tax, Alwar (Presently Lodged in Alwar District Jail). ----Appellant Versus The State of Rajasthan, through Public Prosecutor ----Respondent For Appellant(s) : Mr. Rajeev Sogarwal with Mr. Sneh Deep Khyaliya For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. M.S. Shekhawat, PP & Mr. Gaurav Gupta, Asstt. G.A. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 18/12/2025 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) read with Section 13(2) of Prevention of Corruption Act, 1988 and Section 384 of IPC vide judgment dated 05.12.2025 passed by learned Special Judge, Anti Corruption Cases, Alwar in Sessions Case (2 of 4) [SOSA-2540/2025] No.7/2017 (CIS No.7/2017) and has been sentenced to maximum punishment of four years. 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 (3 of 4) [SOSA-2540/2025] the impugned judgment of conviction and sentence. Thus, it is a 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, Anti Corruption Cases, Alwar vide judgment dated 05.12.2025 in Sessions Case No.7/2017 (CIS No.7/2017) against the appellant-applicant Banwari Lal Yadav (B.L. Yadav) S/o Birdharam Yadav 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/-(One Lakh Rupees Only) with two sureties of Rs.50,000/-(Fifty Thousand Rupees Only) each to the satisfaction of the learned trial Judge for his appearance in this Court on 19.01.2026 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 (4 of 4) [SOSA-2540/2025] Criminal Misc. Case related to original case in which the accused- 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 /510