Mangi Lal vs State
2021 Latest Caselaw 18006 Raj

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 742/2021

Mangi Lal S/o Nathu Singh, Aged About 37 Years, Village Rewada, Tehsil Dungargarh, Dist. Bikaner. (Presently Lodged At Central Jail, Bikaner).

----Petitioner Versus State, Through PP

----Respondent

For Petitioner(s) : Mr. Bhawani Singh Mertia For Respondent(s) : Mr. Arun Kumar, P.P.

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE SAMEER JAIN

Order

01/12/2021

The instant application for suspension of sentences

under Section 389 CrPC is preferred on behalf of the appellant-

applicant Mangi Lal S/o Nathu Singh, who has been convicted and

sentenced for the offences under Sections 302/34 and 323/34 IPC

vide the judgment dated 23.02.2021 passed by learned Additional

Sessions Judge, No.2, Bikaner, Camp at Dungargarh, District

Bikaner in Sessions Case No.3/2015.

Heard learned counsel for the appellant-applicant and

the learned Public Prosecutor and perused the material available

on record.

After going through the material available on record,

we find that the case of the appellant-applicant herein is in no

manner distinguishable from that of the co-accused Sampat

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Singh, who has been enlarged on bail vide order dated 04.10.2021

passed in D.B. Criminal Misc. Suspension of Sentence (Appeal)

Application No.581/2021, wherein it was observed that :-

"The prosecution has come out with the case that the appellant herein and the co-accused inflicted injuries to Satyanarain @ Santu Singh and killed him. Two witnesses viz. Kan Singh (P.W. 1) and Khushbhoo (P.W. 4) were portrayed to be eye-witnesses of the incident. After discussing the facts and evidence available on record, the trial court recorded a finding in the impugned judgment that Kan Singh reached the place of incident after the assault had been completed and the deceased was lying down at the spot. The presence of Saroj was also not found at the place of incident during the assault. The prosecution alleged that the accused Nathu Singh was armed with a lathi and the accused-appellant and co-accused Mangilal were armed with axes. All of them inflicted repeated blows to the deceased. However, as per the statements of Medical Jurists Dr. Sanjay Kumar (P.W.

5) and Dr. Gaurav Joshi (P.W. 9), only a single blow by a blunt weapon was noticed on the dead body of Shri Satyanarain @ Santu Singh when postmortem was conducted and the postmortem report (Ex.P/16) was issued. The application for SOS preferred on behalf of the co-accused Nathu Singh has been allowed by this Court vide Order dated 28.04.2021.

In this background, we are of the view that the accused-appellant has available to him, strong/significant grounds for assailing the impugned judgment. He is behind the bars for nearly seven and a half years. The hearing of the appeal is unlikely in the near future. Thus, we are inclined to accept the application for suspension of sentences and to release

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the appellant on bail during the pendency of the appeal."

In this background and having regard to the entirety of

the facts and circumstances of the case, we are of the opinion that

it is a fit case for suspending the sentences awarded to the

accused appellant during the pendency of the appeal.

Accordingly, the application for suspension of sentence

filed under Section 389 Cr.P.C. is allowed and it is ordered that the

sentences passed by the learned Additional Sessions Judge, No.2,

Bikaner, Camp at Dungargarh, District Bikaner vide judgment

dated 23.02.2021 in Sessions Case No.3/2015 against the

appellant-applicant Mangi Lal S/o Nathu Singh, 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.50,000/- with two sureties of Rs.25,000/- each to the

satisfaction of the learned trial Judge for his appearance in this

court on 03.01.2022 and whenever ordered to do so till the

disposal of the appeal on the conditions indicated below:-

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 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.

3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

The learned trial Court shall keep the record of

attendance of the accused-applicant in a separate file. Such file be

registered as Criminal Misc. Case related to original case in which

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the accused-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 accused applicant does not appear before the trial

court, the learned trial Judge shall report the matter to the High

Court for cancellation of bail.

                                   (SAMEER JAIN),J                                        (SANDEEP MEHTA),J


                                    29-Pramod/-









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