Mangal Singh vs State Of Rajasthan
2022 Latest Caselaw 14854 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

....

S.B. Criminal Revision Petition No. 1460/2022

Mangal Singh S/o S. Sajwant Singh @ Jaswant Singh, Aged About 34 Years, R/o Gudardhandi Ps Lakhoki Behram, Dist. Firozpur (Punjab) (Prsently Lodged In Central Jail Ganganagar)

----Petitioner Versus State Of Rajasthan, Through PP ----Respondent

For Petitioner(s) : Mr. Ranjeet Singh Gill. For Respondent(s) : Mr. Gaurav Singh, PP.

HON'BLE MR. JUSTICE FARJAND ALI

Order

16/12/2022

Heard.

Admit.

Learned Public Prosecutor appears for the respondent State,

hence notice need not be issued.

Heard learned counsel for the petitioner and the learned

Public Prosecutor on the application seeking suspension of

sentence (S.B. Criminal SOS Application No. 468/2022). Perused

the judgments impugned and the material available on record.

Learned counsel for the accused-petitioner submits that the

name of the accused has not been mentioned in the FIR; that the

accused has been arrested in this case only on account of the

suspicion; that no recovery has been made from the accused and

the recovery allegedly made from him is nothing but farce. The

accused has been convicted for the offence under Sections 454 &

380 of the Indian Penal Code and sentenced to undergo three-

(2 of 2) [CRLR-1460/2022]

three years' rigorous imprisonment with fine of Rs. 10000/- each

vide judgment dated 22.03.2018 passed by learned Additional

Chief Judicial Magistrate, Srikaranpur, District Sriganganagar

which has been affirmed vide Judgment dated 10.11.2022 passed

by learned Additional Sessions Judge, Srikaranpur in Criminal

Appeal No. 20/2018 and presently the accused is in custody.

Per contra, learned Public Prosecutor has vehemently

opposed the prayer regarding suspension of sentences.

Without commenting upon the merits of the case, having

considered the totality of facts and circumstances of the case,

looking to the short sentence, I deem it just and proper to

suspend the sentences awarded to the accused-petitioner.

Accordingly, the bail application for suspension of sentences

is allowed and it is ordered that the sentence passed by learned

Additional Chief Judicial Magistrate, Srikaranpur, District

Sriganganagar vide judgment dated 22.03.2018 in Regular

Criminal Case No. 256/2012 and affirmed by the learned

Additional Sessions Judge, Srikaranpur, District Sriganganagar

vide judgment dated 10.11.2022 passed in Criminal Appeal No.

20/2018 against the accused-petitioner Mangal Singh S/o S.

Sajwant Singh @ Jaswant Singh shall remain suspended till

final disposal of present revision petition provided he executes a

personal bond in the sum of Rs.1,00,000/- along with two sureties

of Rs. 50,000/- each to the satisfaction of the Trial Court for his

appearance in this Court on 30.01.2023 and as and when called

upon to do so.

(FARJAND ALI),J 234-Mohan/-

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