Rajasthan High Court - Jodhpur
Mahipal Singh vs State on 10 December, 2021
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1214/2021
1. Mahipal Singh S/o Dalpat Singh, Aged About 47 Years,
R/o Maanpura Mandvara Police Station Barlut Dist. Sirohi.
2. Dalveersingh S/o Mohan Singh, Aged About 54 Years, R/o
Sadar Bazar, Javal, Then Assistant Veterinary Valdara
Police Station Kalandri Dist. Sirohi.
----Appellants
Versus
1. State of Rajasthan through PP
2. Omprakash S/o Moolchand, Ambedkar Nagar Tonk, P.S.
Kotwali Tonk, Dist. Tonk, Currently Joint Director, Animal
Husbandry Department, Sirohi.
----Respondents
For Appellant(s) : Mr. Abhishek Mehta
For Respondent(s) : Mr. Mukhtiyar Khan, PP
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
10/12/2021
Heard.
Admit. Issue notice.
Learned Public Prosecutor puts in appearance on behalf of
the respondent No.1-State of Rajasthan. Thus, let the notices be
issued to the respondent No.2 only.
Call for the record.
Heard learned counsel for the appellants-applicants as well
as learned Public Prosecutor on application (No.817/2021) seeking
suspension of sentences.
(2 of 4) [CRLAS-1214/2021]
By the instant application preferred under Section 389
Cr.P.C., applicants-appellants have craved for suspending the
sentences handed down by learned Special Judge, SC/ST,
(Prevention of Atrocities) Cases, Sirohi (for short, 'learned trial
Court'), by its verdict dated 18.11.2021 in Special Case
No.102/2019, arising out of CR No.238/2020. Learned trial Court,
by the aforesaid verdict, convicted the applicants-appellants for
offences punishable under Sections 332/34 of the Indian Penal
Code read with Section 3(2)(va) of SC/ST (Prevention of
Atrocities) Act and 353/34 of the Indian Penal Code and Section
3(1)(r)(s) of SC/ST (Prevention of Atrocities) Act.
Arguing on the application for suspension of sentences, it is
submitted by learned counsel that during the trial, applicants-
appellants have been enlarged on bail; applicants-appellants have
been handed down a short sentence of two years' Simple
Imprisonment; the sentences awarded to the applicants-
appellants have already been suspended by learned trial Court till
16.12.2021; and final decision of the appeal is likely to take
considerable time, therefore it would not be appropriate to keep
applicants-appellants under further incarceration.
Per contra, learned Public Prosecutor has opposed the
application for suspension of sentences of the applicants-
appellants.
Although, as per arguments, applicants-appellants have been
handed down a short sentence of two years' Simple
Imprisonment; and trial will take sufficiently long time, therefore,
(3 of 4) [CRLAS-1214/2021]
I feel inclined to accept this application for suspension of
sentence.
Accordingly, the application for suspension of sentence
(No.817/2021) filed under Section 389 Cr.P.C. is allowed and it is
ordered that the sentences passed by learned Special Judge,
SC/ST, (Prevention of Atrocities) Cases, Sirohi, vide judgment
dated 18.11.2021, in Special Case No.102/2019, arising out of CR
No.238/2020 against appellants-applicants, Mahipal Singh S/o
Dalpat Singh and Dalveersingh S/o Mohan Singh, shall remain
suspended till final disposal of the aforesaid appeal and they shall
be released on bail, provided each of them execute 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 their
appearance in this Court on 11.01.2022 and whenever ordered to
do so till disposal of the appeal, on the conditions indicated
below:-
1. That they will appear before the trial Court in the
month of January every year till the appeal is
decided.
2. That if the applicants change the place of
residence, they will give in writing 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.
The learned trial Court shall keep the record of attendance of
accused-applicants in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
applicants were tried and convicted. A copy of this order shall also
be placed in that file for ready reference. Criminal Misc. file shall
(4 of 4) [CRLAS-1214/2021]
not be taken into account for statistical purposes relating to
pendency and disposal of cases in the trial court. In case the said
accused applicants do not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(DEVENDRA KACHHAWAHA),J
2-Rashi/-
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