Rajasthan High Court - Jodhpur
Madhav Lal vs State Of Rajasthan on 20 November, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2630/2025
Madhav Lal S/o Shri Amar Chandra Jat, Aged About 58 Years, R/
o Sadri, Tehsil Railmagra, District Rajsamand, The Then Manager,
Gram Seva Sahakari Samiti, Railmagra, District Rajsamand.
----Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Manoj Kumar Pareek
For Respondent(s) : Mr. Narendra Gehlot, PP
Mr. Omprakash Choudhary
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
20/11/2025
IN S.B. Criminal Appeal (SB) No.2630/2025:-
1. Admit.
2. Call for the record.
IN S.B. Criminal Misc. Suspension of Sentence Application
No.2195/2025:-
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 under
Sections 13(1)(d), read with Section 13(2), of the Prevention of
Corruption Act, 1988 and under Sections 409, 465 & 471 of IPC,
and the appellant-applicant has been sentenced to undergo three
years' simple imprisonment. He submits that none of the
independent witnesses have supported the prosecution case. He
also submits that PW-19 Madhav Lal, in his statement has
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(2 of 3) [CRLAS-2630/2025]
admitted that the earlier Manager, Ramsahai, had assured him
regarding deposition of the entire outstanding amount, thereby
indicating that it was the said former Manager and not the
appellant-applicant, who had committed the delinquency in
question, and there is no chance of hearing of the appeal in near
future. He, therefore, implores this Court to allow the suspension
of sentence application 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 thoroughly considered the entire evidence threadbare
and has passed a detailed impugned order convicting the
appellant-applicant, therefore, the application for suspension of
sentence in question deserves to be dismissed.
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 the appellant-applicant has been
sentenced to three years' simple imprisonment, the various
arguable issues raised by learned counsel for the appellant-
applicant with regard to the statement of PW-19 Madhav Lal, the
independent witness has turned hostile, and the chances of
hearing of the 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.2, District Udaipur, vide judgment dated
06.11.2025 in Special Sessions Case No.16/2019, against the
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appellant-applicant Madhav Lal S/o Shri Amar Chandra Jat,
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 18.12.2025 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
4-devrajP/-
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