Manohar Singh vs State Of Rajasthan
2021 Latest Caselaw 19206 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 715/2021 In S.B. Criminal Appeal No.1043/2021

Manohar Singh S/o Shri Padam Singh, Aged About 40 Years, B/c Rajput, R/o Village Tena Police Station Shergarh District Jodhpur. (Presently Lodged In Central Jail, Jodhpur).

                                                                  ----Petitioner
                                   Versus
State of Rajasthan through PP
                                                                ----Respondent


For Petitioner(s)        :     Mr. K.R. Bhati
For Respondent(s)        :     Mr. Mukhtiyar Khan, PP

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Order

16/12/2021

This present application for suspension of sentences under

Section 389 CrPC has been preferred on behalf of the appellant-

applicant Manohar Singh, who has been convicted and sentenced

by the learned Special Judge SC/ST Cases Jodhpur vide judgment

dated 12.02.2021 passed in Sessions Case No.22/2012 (State Vs.

Manohar Singh).

In pursuance of the order dated 16.11.2021, learned Public

Prosecutor has placed on record the criminal antecedents report

dated 25.11.2021 of the appellant.

Heard learned counsel appearing for the appellant-applicant

and learned Public Prosecutor and perused the material available

on record.

Learned Public Prosecutor does not wish to file reply to the

application filed for suspension of sentence.

(2 of 2) [SOSA-715/2021]

Arguing on the application for suspension of sentences, it is

submitted by learned counsel for the applicant-appellant that

appellant has been convicted by learned court below for the

offences under Sections 394 IPC and Sections 3(1)(X), 3(2)(V) of

the SC/ST Act and because these offences are not compoundable,

otherwise appellant is acquitted for the offence under Section 325

IPC on the basis of compromise; during trial, applicant-appellant

was on bail. Lastly, learned counsel appearing for the applicant-

appellant has submitted that hearing of the appeal is likely to take

time.

Per contra, learned Public Prosecutor opposed the application

for suspension of sentences of the applicant-appellant and stated

that earlier ten other cases have been registered against the

accused-appellant and in three cases, he has been convicted.

Having regard to the facts and circumstances of the case,

particularly to the facts that applicant-appellant was appeared

before the court below on the date of judgment from judicial

custody and since long, he was produced from judicial custody;

earlier, he was convicted in three cases as per the criminal

antecedents submitted by learned Public Prosecutor, therefore,

without expressing any opinion on the merits/demerits of the

case, this Court is not inclined to suspend the sentences awarded

to the applicant-appellant at this stage.

Accordingly, the instant application for suspension of

sentences preferred by the applicant-appellant - Manohar Singh

S/o Shri Padam Singh filed under Section 389 Cr.P.C. is dismissed.

(DEVENDRA KACHHAWAHA),J 68-Arvind/-

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