Rajasthan High Court - Jodhpur
Sunil Malot vs State Of Rajasthan on 8 September, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2158/2025
Sunil Malot S/o Shri Vijay Kumar Malot, Aged About 59 Years, R/
o Vadia Colony, District Banswara, Presently Working On The
Post Of Ldc In Evaluation Department, Govt. Of Rajasthan (On
Deputation In The Office Of Project Director Anuja Nigam,
Banswara)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Naresh Singh
For Respondent(s) : Mr. Narendra Gehlot, PP
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
08/09/2025
In S.B. Criminal Appeal (Sb) No. 2158/2025:-
1. Admit.
2. Call for the record.
In S.B. Criminal Misc. Suspension of Sentence Application
No.1667/2025:
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 offence under
Section 7 of Prevention of Corruption Act, 1988 and the sentence
imposed is simple imprisonment for a period of three years.
Learned counsel for the appellant-applicant further submits that
appellant-applicant was on bail during the course of trial and no
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recovery was proved with regard to any illegal gratification. He
further submits that even in the transcripts, the conversation was
not recorded. He thus, submits that the appellant-applicant is
entitled for suspension of sentence.
3. Per contra, the learned Public Prosecutor opposes the
application for suspension of sentence and submits that when the
accused-applicant came to know about the trap being played, he
did not accept the amount and that is the reason why recovery
could not be effected. He further submits that for the same
reason, there is no mention of the conversation qua recovery etc.
in the transcripts. Therefore, the application 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 sentence imposed is simple
imprisonment for three years, appellant-applicant was on bail
during the course of trial, the arguable points raised by learned
counsel for the appellant-applicant and chances of hearing of
appeal in near future are 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 learned Special Judge (Prevention of
Corruption Act) No.1 Udaipur, District Udaipur, Rajasthan vide
judgment dated 01.09.2025 in Special Sessions Case No.2/2012
(CIS No.66/2014), against the appellant-applicant Sunil Malot
S/o Shri Vijay Kumar Malot shall remain suspended till final
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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 08.10.2025
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 appellant-applicant in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
appellant-applicant was 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 appellant-applicant 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
247-Love/-
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