Rajasthan High Court - Jodhpur
Ajay Kumar vs State Of Rajasthan on 10 November, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2572/2025
Ajay Kumar S/o Sh. Roshan Lal Arora, Aged About 53 Years, R/o
House No 3/316 R.h.b. Colony Teshil And District Hanumangarh
Raj.
----Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Ankur Limba
For Respondent(s) : Mr. Narendra Gehlot, PP
Mr. Omprakash Choudhary
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
10/11/2025
IN S.B. Criminal Appeal (SB) No.2572/2025:-
1. Admit.
2. Call for the record.
IN S.B. Criminal Misc. Suspension of Sentence Application
No.2100/2025:-
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 as
far as the appellant-applicant is concerned, he was merely
allottee of the land, whereas the allegation of illegal allotment
pertains to co-accused Madan Singh Budania and Raj Kumar
Tanwar, both of whom, were public servants and have expired
during the course of trial. He submits that the appellant-applicant
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has been sentenced to undergo two years' imprisonment, and
there are bleak chances of hearing of the appeal in near future.
He, therefore, implores this Court to allow the application for
suspension of sentence of the appellant-applicant.
3. Per contra, learned Public Prosecutor opposes the application
for suspension of sentence and submits that the learned Trial
Court has considered the entire evidence threadbare and has
passed a detailed order for convicting the appellant-applicant,
therefore, the application for suspension of sentence in question
deserves to be dismissed.
4. Having considered the arguments advanced by both the
sides and having regard to the facts and circumstances of the
case, including the facts that the present case pertains to
allotment of land allegedly belonging to the Municipal Board, the
appellant-applicant, who was not holding any public office, is only
a beneficiary of the said allotment, arguable points have been
raised by the learned counsel for the appellant, the appellant-
applicant has been sentenced to undergo two years'
imprisonment, and the chances of hearing of appeal in near future
being bleak, this Court is of the opinion that it is a fit case for
suspending the sentences awarded to the accused appellant-
applicant.
5. Accordingly, the application for suspension of sentence filed
under Section 430 of BNSS is allowed and it is ordered that the
sentence passed by the learned Session Judge, Special Court &
Prevention of Corruption Act Cases, Sriganganagar, vide judgment
dated 16.10.2025 in Session Case No.08/2014, against the
appellant-applicant, Ajay Kumar S/o Sh. Roshan Lal Arora,
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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/- with two sureties of Rs.50,000/-
each to the satisfaction of the learned trial Judge for his
appearance in this court on 11.12.2025 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 appellant-applicant in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
appellant-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 appellant-applicant 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
69-devrajP/-
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