Rajasthan High Court - Jodhpur
Bhanwar Lal vs State Of Rajasthan on 10 November, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2565/2025
Bhanwar Lal S/o Shri Birma Ram, Aged About 54 Years, Resident
Of Gourau, Tehsil Jayal, District Nagaur, The Then Patwari Patwar
Mandal Fardoud District Nagaur
----Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Jai Kishan Suthar
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.2565/2025:-
1. Admit.
2. Call for the record.
IN S.B. Criminal Misc. Suspension of Sentence Application
No.2092/2025:-
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 punishable
under Sections 7, 13(1)(d) read with Section 13(2) of the
Prevention of Corruption Act, 1988 and Section 201 of the IPC. He
submits that there is an allegation of demand and acceptance of a
sum of Rs.7,000/-, whereas the actual recovery effected is only
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Rs.2,000/-, at the time when the appellant-applicant was posted
as a Patwari. He also submits that the appellant-applicant has
been sentenced to undergo three years' simple 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 arguable points have been raised by
the learned counsel for the appellant, that the appellant-applicant
has been sentenced to undergo three years' simple imprisonment,
and there are bleak chances 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 of BNS is allowed and it is ordered that the
sentence passed by the learned Special Judge (Prevention of
Corruption Act), Ajmer, vide judgment dated 30.10.2025 in
Special Sessions Case No.36/2014 (CIS No.63/2015), (State of
Rajasthan v. Bhanwar Lal), against the appellant-applicant
Bhanwar Lal S/o Shri Birma Ram, shall remain suspended till
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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 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
67-devrajP/-
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