SURESHCHAND JAIN S/O SHRI KHAYALI CHAND JAIN v. STATE OF RAJASTHAN
SOSA/2184/2025 · 2025-11-07
Anand Sharma
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 49809 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49809 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:44737] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.2184/2025 IN S.B. Criminal Appeal No.2876/2025 Sureshchand Jain S/o Shri Khayali Chand Jain, R/o Satsang Bhawan Ki Gali, Baran, Ex Office Assistant, Division Forest Office Baran, at present Dismissed from Service. ----Accused/Appellant Versus State of Rajasthan through the Public Prosecutor ----Respondent For Appellant(s) : Ms. Dipti Jindal on behalf of Mr. Amit Jindal For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP HON'BLE MR. JUSTICE ANAND SHARMA
Order 07/11/2025
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 Cases, Baran (Raj.) (hereinafter to be referred as 'the trial Court') vide its
judgment & order dated 15.10.2025, in Sessions Case No.20/2025, whereby the applicant-appellant was convicted for offences under Section 13(1)(c)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 as well as Sections 409, 467, 468 & 471 IPC and has been sentenced for maximum period of three years simple imprisonment.
2. It is stated that although the petitioner has been convicted vide impugned judgment dated 15.10.2025, whereby sentence of imprisonment for three years simple imprisonment
[2025:RJ-JP:44737] (2 of 2) [SOSA-2184/2025] has been imposed upon the appellant but while passing the
judgment, the learned Court below has utterly failed to consider that there was no consistent evidence in support of charges levelled against the appellant.
2. It is submitted by learned counsel for the appellant that the age of appellant is 77 years and sentence has already been suspended by the learned trial Court up to 14th November, 2025 and during the trial appellant was on bail.
3. Learned Public Prosecutor opposed the application.
4. In the light of the above arguments made by the
learned counsel for the appellant as well as the fact that the age of appellant is 77 years and the sentence of three years has been awarded to the appellant, 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; Sureshchand Jain S/o Shri Khayali Chand Jain, 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 08.12.2025 and thereafter, as and when he is called upon to do so.
(ANAND SHARMA),J DAKSH/83(s)