Rajasthan High Court - Jodhpur
Kamlesh Meena vs State Of Rajasthan on 18 November, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2597/2025
Kamlesh Meena S/o Shri Jeetram Meena, Aged About 39 Years,
R/o Kohli Prempura, Tehsil Bamanwas, District Sawaimadhopur,
At Present Constable No. 505, Police Station Kotwali, Pratapgarh
(Rajasthan)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Nitin Goklani
For Respondent(s) : Mr. Shri Ram Choudhary, PP
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
18/11/2025
In S.B. Criminal Appeal (Sb) No. 2597/2025:
1. Admit.
2. Call for the record.
In S.B. Criminal Misc. Suspension of Sentence Application
No.2154/2025:
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 work in question is concerned, the appellant-applicant
had already filed the negative final report (FR) long back before
the trap was laid. He further submits that the demand and
acceptance are not proved as even no recording was done qua the
transaction in question. He further submits that the punishment
(Uploaded on 18/11/2025 at 02:42:10 PM)
(2 of 3) [CRLAS-2597/2025]
imposed upon the appellant-applicant is one year's simple
imprisonment and hearing of appeal will take substantial time. In
these circumstances, he prays that the sentence awarded to the
appellant-applicant may be suspended and he may be released on
bail.
3. Per contra, learned Public Prosecutor opposes the application
for suspension of sentence and submits that considering the entire
evidence threadbare, learned trial Court has rightly convicted the
appellant-applicant for the offences in question. Therefore, the
appellant-applicant is not entitled to be enlarged on bail.
4. Upon consideration of the arguments advanced on behalf of
both the sides and having regard to the facts and circumstances of
the case, including the facts that sentence imposed is simple
imprisonment for one year, there are various arguable points
raised by the learned counsel for the appellant, demand and
acceptance not being proved, 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 sentence 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 Special Judge, Prevention of
Corruption Act No.1, Udaipur, Rajasthan, vide judgment dated
24.10.2025 in Special Sessions Case No.10/2012 (CIS
No.322/2014) against the appellant-applicant Kamlesh Meena
S/o Shri Jeetram Meena 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/-
(Uploaded on 18/11/2025 at 02:42:10 PM)
(3 of 3) [CRLAS-2597/2025]
with two sureties of Rs.50,000/- each to the satisfaction of the
learned trial Judge for his appearance in this court on 17.12.2025
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
2-Love/-
(Uploaded on 18/11/2025 at 02:42:10 PM)
Powered by TCPDF (www.tcpdf.org)
