Rajasthan High Court - Jodhpur
Manish @ Maniya vs State Of Rajasthan on 9 December, 2021
Bench: Pushpendra Singh Bhati
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. 2ND Suspension Of Sentence Application
(Appeal) No. 431/2021
Manish @ Maniya S/o Sh. Vela Gameti, Aged About 27 Years, R/o
Village Bari-Undari-Fala-Hakari Ghati, P.S. Nai, District Udaipur
(Raj.) (Presently Lodged In Central Jail, Udaipur)
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr. Shambhoo Singh Rathore
For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
09/12/2021
Heard learned counsel for the parties at length.
Learned counsel for the appellant submits that the conviction
is under Section 304 of IPC and the custody undergone is 04 years
05 months and 11 days. Learned counsel further submits that on
11.11.2017 in the evening, a sudden altercation allegedly
happened, where the accused persons were drinking beer and
while altercation took place, the present appellant-Manish used
the bottle to hit Narayan.
Learned counsel also submits that the three eyewitness,
particularly, PW-4 Heera Lal Meena, PW-5 Lala and PW-6
Mahendra, who were present there, when the incident took place,
have turned hostile during trial.
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Learned counsel has drawn the attention of this Court
towards the impugned order, which dealt with the statement of
the PW-2 SMT. Veshu, wife of the deceased.
Learned counsel thus submits that the statements and the
facts, including the sudden altercation, which has happened
without any pre-planning and for no good reason, on a conjoint
reading, are sufficient for suspending the sentence awarded to the
present appellant.
Learned Public Prosecutor opposes the suspension of
sentence application.
Looking into the sentence already undergone by the
appellant as well as on consideration of the statement of PW-2
Smt. Veshu as well as the statement of eye-witnesses viz. PW-4
Heera Lal Meena, PW-5 Lala and PW-6 Mahendra, this Court, is
inclined to suspend the substantive sentence awarded to the
accused-appellant.
Accordingly, this S.B. Second Suspension of Sentence
Application (Appeal) filed under Sec.389 Cr.P.C. is allowed and it is
ordered that the substantive sentence passed by the trial court
vide judgment dated 26.04.2019 in Sessions Case No.27/2017
against appellant Manish @ Maniya S/o Shri Vela Gameti shall
remain suspended till final disposal of the aforesaid appeal,
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 10.01.2022
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
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decided.
2. That if the appellant 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,
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-appellant in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
appellant 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-appellant does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(DR.PUSHPENDRA SINGH BHATI),J.
88-Zeeshan
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