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2026 DAILYLAW 853 (RAJ)

MANISH KUMAR SON OF SHRI BHAGWAN SINGH v. THE STATE OF RAJASTHAN

SOSA/138/2026 · 2026-03-12

Vinod Kumar Bharwani

Criminal Appealbody2026

Judgment text

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[2026:RJ-JP:10455] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.138/2026 In S.B. Criminal Appeal (Sb) No. 178/2026 Manish Kumar Son Of Shri Bhagwan Singh, Aged About 40 Years, Resident Of Motsara Ka Baas, Tehsil And District Jhunjhunu, The Then Junior Clerk, Office Of Tehsildar Malsisar District Jhunjhunu Present In Central Jail, Jaipur. ----Appellant Versus The State Of Rajasthan, Through The PP ----Respondent For Appellant(s) : Mr. Harendra Singh For Respondent(s) : Mr. Sudesh Kumar Saini, PP HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 12/03/2026 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 learned Sessions Judge, Prevention of Corruption Act Cases, No.2, Jaipur Metro-II (Raj.), vide its judgment dated 20.01.2026 in Regular Criminal Case No.03/2015, whereby the applicant-appellant was convicted for the alleged offence(s) & sentenced to undergo maximum period of four years simple imprisonment with fine. Learned counsel appearing for the applicant-appellant submits that the applicant was on bail during trial and presently, [2026:RJ-JP:10455] (2 of 2) [SOSA-138/2026] he is behind the bars. The learned Trial Court has not appreciated the facts and circumstances of the case holistically and the hearing of the appeal will take its own time, hence, the sentence awarded to the applicant-appellant may be suspended during the pendency of the appeal. Learned Public Prosecutor has vehemently opposed the submissions made herein-above. Heard learned counsel for the parties and perused the material made available on record. Taking into consideration the conviction, term of sentence & the submissions made at bar and without commenting upon 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. Accordingly, the application for suspension of sentence is allowed and it is, hereby, ordered that the execution of sentence awarded to accused-applicant, namely Manish Kumar Son Of Shri Bhagwan 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.50,000/- together with two sureties of Rs.25,000/- each, to the satisfaction of the learned Trial Court with the stipulation that he shall appear before this Court on 13.04.2026 and thereafter, as and when he is called upon to do so. (VINOD KUMAR BHARWANI),J SAURABH /17