Anand Bihari Ojha S/O Late Shr Devkinandan Ojha Vs State of Rajasthan

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[2025:RJ-JP:16002]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 560/2025

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In

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S.B. Criminal Appeal No.681/2025

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Anand Bihari Ojha S/o Late Sh. Devkinandan Ojha, Aged About 59 Years, R/o Village Maroth Tehsil Nawan District Nagaur At Present B-40, Flat No. S-2 (2Nd Floor) Satya Nagar, Jhotwara Jaipur The Then Patwari Patwar Halka Chatarpura Tehsil Amer District Jaipur (At Present Confined At Central Jail Jaipur)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr. Rajesh Goswami with Mr. Garvit Saraswat and Mr. Jai Bhardwaj

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For Respondent(s) : Mr. Vijay Singh Yadav, PP with Mr. Gaurav Gupta, AGA

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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09/04/2025

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Instant SOS application is preferred by applicant-acccusedAnand Bihari Ojha S/o Late Sh. Devkinandan Ojha in pending appeal filed aggrieved from judgment of conviction and sentence dated 07.03.2025 in Sessions Case No.07/2017 passed by learned Special Judge (P.C. Act Cases) No.1, Jaipur Metro-II, whereby, applicant-accused was convicted and sentenced under Sections 7 and 13 (1)(D), 13 (2) of Prevention of Corruption Act, 1988.

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Learned counsel for applicant submits that this is a false and concocted case framed against the applicant and the grounds

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raised by him clearly indicate that applicant has a strong case to succeed in the appeal. He submits that applicant was on bail during trial and he has not misused the liberty granted to him. He further submits that prosecution was not able to establish demand and pending work, but despite that the Trial Court has convicted only on surmises and conjectures. At last, he submits that disposal of appeal will takes its own time.

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Aforesaid contentions were opposed by learned Public Prosecutor. 4. Heard learned counsel for applicant and learned Public Prosecutor. Perused the record.

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On basis of a charge-sheet filed under Prevention of Corruption Act, 1988 in a matter arising out of FIR No.343/2015 P.S. ACB, Rajasthan, Jaipur, present applicant was tried and he was convicted and sentenced. The maximum sentence awarded to present applicant is four years. The application was on bail during trial. At this stage, it is not possible for us to express any opinion on merits of the case and on the grounds raised by learned counsel for appellant, but considering overall circumstances, it is appropriate to allow SOS application.

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In view of discussion made hereinabove, the suspension of sentence application is hereby allowed and it is ordered that sentence of appellant-applicant accused Anand Bihari Ojha S/o Late Sh. Devkinandan Ojha is suspended till disposal of appeal with the condition that he would execute a personal bond in the sum of ₹50,000/- with two sureties of ₹25,000/- each to the satisfaction of the learned trial Judge for his appearance in this

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Court on 24.07.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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That the applicant accused shall not indulge in any criminal activity and not repeat crime of any nature during period of suspension of sentence/bail.

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That the applicant will appear before the Trial Court in the month of January of every year till the appeal is decided.

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That if the applicant changes the 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.

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