Rajasthan High Court - Jodhpur
Khemeshwar Joshi vs State Of Rajasthan on 10 November, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2568/2025
Khemeshwar Joshi S/o Prem Shankar Joshi, Aged About 51
Years, Resident Of Punali, Tehsil And District Dungarpur. The
Then Patwari, Patwar Mandal Parada Itivar, Tehsil Aaspur District
Dungarpur.
----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.2568/2025:-
1. Admit.
2. Call for the record.
IN S.B. Criminal Misc. Suspension of Sentence Application
No.2095/2025:-
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. He submits that there is an
allegation of demand and acceptance of a sum of Rs.25,000/-,
whereas the actual recovery effected is only Rs.10,000/-, at the
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time when the appellant-applicant was posted as a Patwari. He
also submits that the appellant-applicant has been sentenced to
undergo one year's 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 the appellant-applicant has been
sentenced to undergo one year's simple imprisonment, arguable
points have been raised by the learned counsel for the appellant,
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), No.2, Udaipur, vide judgment dated 29.10.2025
in Special Sessions Case No.127/2019 (CIS No.522/2014), (State
of Rajasthan v. Khemeshwar Joshi), against the appellant-
applicant Khemeshwar Joshi S/o Prem Shankar Joshi, shall
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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 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
68-devrajP/-
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