Ramswaroop Khichi vs State Of Rajasthan
2025 Latest Caselaw 1533 Raj

Citation : 2025 Latest Caselaw 1533 Raj
Judgement Date : 6 June, 2025

Rajasthan High Court - Jodhpur

Ramswaroop Khichi vs State Of Rajasthan on 6 June, 2025

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
     S.B. Criminal Misc. Suspension of Sentence Application (SB)
                              No.1100/2025

                                       in

              S.B. Criminal Appeal (Sb) No. 1284/2025

Ramswaroop Khichi S/o Narayan Khichi, Aged About 53 Years,
R/o Gram Barsani, Tehsil Asind, District Bhilwara, At Present
Head Constable No.910, Police Chowki Mandal Choraha, Police
Station Mandal, District Bhilwara. (At Present Lodged In District
Jail Bhilwara)
                                                                  ----Appellant
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent


For Appellant(s)         :     Mr. Devendra Sanwalot
For Respondent(s)        :     Mr. Sameer Pareek, PP



HON'BLE MR. JUSTICE SANDEEP SHAH (VACATION JUDGE)

Order

06/06/2025

1. The instant application for suspension of sentence has been

moved on behalf of the applicant-appellant in the matter of

judgment dated 31.05.2025 passed by the learned Special Judge,

Prevention of Corruption Act Cases, Bhilwara in Misc. Cases

No.02/2014 whereby he was convicted and sentenced to suffer

maximum punishment of 04 years' simple imprisonment for the

offences under Section 13(1)(D) read with Section 13(2) of PC Act

and Section 7 of PC Act.

2. It is contended on behalf of the applicant-appellant that the

learned trial Judge has not appreciated the facts and evidence

[2025:RJ-JD:26908] (2 of 4) [CRLAS-1284/2025]

available on record correctly and reached at an erroneous

conclusion of guilt without there being any sufficient evidence

available on record against the applicant-appellant. It is thus been

asserted that the entire record is to be appreciated again by this

court being the first appellate Court. It has further been asserted

that the appellant-applicant was on bail during the course of trial

and did not misuse the liberty so granted to him. It has further

been asserted that the allegation against the applicant-appellant is

of demand of Rs.5,000/- as bribe whereas he had no relation with

the work alleged to have been required to be done in lieu of the

bribe in question. Learned counsel for the applicant-appellant

further submits that hearing of the appeal is likely to take long

time, therefore, the application for suspension of sentence may be

granted.

3. Per contra, learned Public Prosecutor has vehemently

opposed the prayer made on behalf of the accused applicant-

appellant for releasing him on application for suspension of

sentence and submits that looking to the nature of offences

alleged, it is interest of the society that the applicant-appellant

stays behind the bars.

4. Heard learned counsel for the parties and perused the

material available on record.

5. Considering the submissions of both the parties and after

perusal of the record so also considering the totality of facts and

circumstances of the case, this Court is of the opinion that hearing

of appeal is likely to take further more time and considering the

fact that the applicant-appellant was on bail during the trial and

[2025:RJ-JD:26908] (3 of 4) [CRLAS-1284/2025]

that the issue of demand and acceptance of bribe in question is an

arguable point thus, this court is of the opinion that it is a fit case

for suspending the sentence awarded to the accused-appellant.

6. Accordingly, the application for suspension of sentence filed

under Section 415 of BNSS is allowed and it is ordered that the

sentence passed by learned trial court, the details of which are

provided in the first para of this order, against the appellant-

applicant named above 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.50,000/-with two

sureties of Rs.25,000/- each to the satisfaction of the learned trial

Judge for his appearance in this court on 08.07.2025 and

whenever ordered to do so till the disposal of the appeal on the

conditions indicated below:-

(i) That he will appear before the trial Court in the month of January of every year till the appeal is decided.

(ii) 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.