Rajasthan High Court - Jodhpur
Surendra Singh vs State Of Rajasthan on 11 August, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 1976/2025
Surendra Singh S/o Vijay Singh Chouhan, Aged About 61 Years,
R/o Noliyawada, Police Station Chitari, District Dungarpur, The
Then Head Constable No. 1078, Police Station Goverdhan Vilas,
District Udaipur, Rajasthan.
----Appellant
Versus
State of Rajasthan, Through the Public Prosecutor.
----Respondent
For Appellant(s) : Mr. Abhimanyu Singh Ranawat
For Respondent(s) : Mr. Surendra Bishnoi, PP
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
11/08/2025
IN S.B. Criminal Appeal (Sb) No. 1976/2025:-
1. Admit.
2. Call for the record.
IN S.B. Criminal Misc. Suspension of Sentence Application
No.1495/2025:-
1. Heard learned counsel for the appellant-applicant as well as
learned Public Prosecutor and perused the material available on
record.
2. Learned counsel for the appellant-applicant submits that the
appellant-applicant has been convicted for the offences under
Sections 7, 13(1)(d)/13(2) of the Prevention of Corruption Act,
1988. Learned counsel for the appellant-applicant submits that
there is an allegation of demand and acceptance of around
Rs.800/- by the appellant-applicant while he was posted as a Head
(2 of 3) [CRLAS-1976/2025]
Constable. He further submits that the sentence imposed has
already been suspended by the learned Trial Court as the
punishment imposed is a sentence of imprisonment for a period of
one year. He also submits that the recovery has not been proved
by the prosecution and that the appeal raises various arguable
points. He further submits that the appellant-applicant was on bail
during the trial and there is no chance of hearing of the appeal in
near future. In these circumstances, it is prayed that the
appellant-applicant may be released on bail.
3. Learned Public Prosecutor opposes the application for
suspension of sentence.
4. Upon consideration of the arguments advanced on behalf of
the appellant-applicant and having regard to the facts and
circumstances of the case, including the fact that the appellant-
applicant was on bail during the trial and there is no chance of
hearing of the appeal in near future, this Court is of the opinion
that it is a fit case for suspending the sentence awarded to the
accused appellant-applicant.
5. Accordingly, the application for suspension of sentence filed
under Section 430(2) of BNS is allowed and it is ordered that the
sentence passed by the learned Special Judge (Prevention of
Corruption Act Cases), No.2, Udaipur, vide judgment dated
28.07.2025 in Special Sessions Case No.180/2019, (CIS
No.344/2014), arising out of FIR No.274/2011, Anti Corruption
Bureau, Chowki Dungarpur, against the appellant-applicant
Surendra Singh S/o Vijay Singh Chouhan, 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
(3 of 3) [CRLAS-1976/2025]
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 15.09.2025 and whenever ordered to do so till the
disposal of the appeal on the conditions indicated below:-
1. That he/she/they will appear before the trial
Court in the month of January of every year till the
appeal is decided.
2. That if the applicant(s) changes the place of
residence, he/she/they will give in writing
his/her/their 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.
6. The learned trial Court shall keep the record of attendance of
the accused-applicant(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-applicant(s) was/were 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(s) does not appear before the trial
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(SANDEEP SHAH),J
1-devrajP/-
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