Rajasthan High Court - Jodhpur
Heera Lal vs State Of Rajasthan on 9 October, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2386/2025
Heera Lal S/o Lunaram, Aged About 70 Years, Village Lachuda
Teshil Asind District Bhilwara
----Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Devendera Sanwalot
For Respondent(s) : Mr. Narendra Singh Chandawat, PP
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
09/10/2025
IN S.B. Criminal Appeal (SB) No.2386/2025:-
1. Admit.
2. Call for the record.
IN S.B. Criminal Misc. Suspension of Sentence Application
No.1898/2025:-
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 7, 13(1)(d) read with Section 13(2) of the Prevention of
Corruption Act, 1988. He submits that the allegation against the
appellant-applicant is of demand and acceptance of a sum of
Rs.4,000/-, while he was posted as a public servant. He also
submits that the sentence of the appellant-applicant has already
been suspended for a limited period by the learned Trial Court, as
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(2 of 3) [CRLAS-2386/2025]
the punishment imposed is two years' simple imprisonment. He
further submits that the alleged bribe amount being Rs.4,000/-
and the prosecution has failed to prove the demand and
acceptance beyond reasonable doubt, particularly when the
recovery itself is doubtful, so also, there are bleak chances 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 conviction of appellant-
applicant is of two years' simple imprisonment, the learned Trial
Court has already suspended the sentence of the appellant-
applicant for a limited period, and 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(2) of BNSS is allowed and it is ordered that
the sentence passed by the learned Special Judge (Prevention of
Corruption Act), Bhilwara, vide judgment dated 26.09.2025 in
Misc. Case No.118/2015, in Sessions Case No.29/2014, (CIS
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(3 of 3) [CRLAS-2386/2025]
No.120/2015), against the appellant-applicant Heera Lal S/o
Lunaram, 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 11.11.2025 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
52-devrajP/-
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