Rajasthan High Court - Jodhpur
Manohar Singh vs State Of Rajasthan on 28 October, 2025
[2025:RJ-JD:46491]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Crl. Misc. Suspension of Sentence Application No.1971/2025
In
S.B. Criminal Appeal No. 2455/2025
Manohar Singh S/o Heer Singh @ Hari Singh, Aged About 47
Years, Deriya Tehsil Shergarh Jodhpur.
(Then Constable No. 720, Police Station Matauda, District
Jodhpur)
----Appellant
Versus
State of Rajasthan, through Public Prosecutor
----Respondent
For Appellant(s) : Mr. Dhanraj Vaishnav
For Respondent(s) : Mr. Narendra Gehlot, P.P. with
Mr. Om Prakash Choudhary
HON'BLE MR. JUSTICE SANDEEP TANEJA
Order
28/10/2025
1. Heard learned counsel for the parties and perused the
impugned order.
2. This application for suspension of sentence has been filed by
the appellant-applicant under Section 430 of BNSS. The appellant-
applicant has been convicted for the offence under Section 8 of
the Prevention of Corruption Act by judgment dated 10.10.2025
passed by the learned Special Judge, Prevention of Corruption Act
No.1, Jodhpur, in Criminal Case No.01/2020 and sentenced for
three years' simple imprisonment and a fine of Rs.30,000/-, in
default of payment of fine to further undergo three months'
additional simple imprisonment.
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[2025:RJ-JD:46491] (2 of 3) [SOSA-1971/2025]
3. Learned counsel for the appellant-applicant has submitted
that during trial, the appellant-applicant was on bail. Learned
counsel has further submitted that by order dated 10.10.2025, the
learned trial Court has already suspended the sentence of the
appellant-applicant for a period of one month. Learned counsel
has also submitted that the appellant-applicant has falsely been
implicated and there are strong chances of appellant-applicant
getting acquitted and hearing of appeal is likely to take long time.
Learned counsel has, thus, prayed that the sentence awarded to
the applicant may be suspended.
4. Per contra, learned Public Prosecutor has opposed the
application for suspension of sentence.
5. Having considered the overall facts and circumstances of the
case and keeping in view the fact that hearing of the appeal is
likely to take time, this Court is inclined to suspend the sentence
awarded to the appellant-applicant.
6. Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentence awarded to the
accused-applicant - Manohar Singh S/o Heer Singh @ Hari
Singh by judgment dated 10.10.2025 passed by the learned
Special Judge, Prevention of Corruption Act No.1, Jodhpur, in
Criminal Case No.01.2020 shall remain suspended till final
disposal of the appeal provided he executes a personal bond for a
sum of Rs.50,000/- along with two sound and solvent sureties in
the sum of Rs.25,000/- each to the satisfaction of the learned trial
court for his appearance before this Court on 08.12.2025 and
whenever called upon to do so till the disposal of the appeal on
the conditions indicated below:-
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[2025:RJ-JD:46491] (3 of 3) [SOSA-1971/2025]
(1) That he will appear before the trial court in the month
of January of every year till the appeal is decided.
(2) That if the accused-applicant changes his place of
residence, he will give in writing his changed address to the
trial court as well as to the counsel in the High Court.
(3) Similarly, if the sureties change their address, they will
give in writing their changed address to the trial court.
7. 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 TANEJA),J
2-Ravi Khandelwal
(Uploaded on 29/10/2025 at 02:27:42 PM)
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