Mangal Singh vs State Of Rajasthan
2022 Latest Caselaw 14857 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR.

.....

S.B. Criminal Revision Petition No. 1235/2022

Mangal Singh S/o S. Sajwant Singh @ Jaswant Singh, Aged

About 34 Years, Gudardhandi PS Lakhoki Behram Disttrict

Firozpur (Punjab).

(Presently Lodged In Central Jail, Sri Ganganagar).

----Petitioner Versus

State Of Rajasthan through PP

----Respondent Connected With

S.B. Criminal Revision Petition No. 1241/2022.

Mangal Singh S/o S. Sajwant Singh @ Jaswant Singh, Aged

About 35 Years, R/o Gudardhandi PS - Lakhoki Behram District

Firozpur (Punjab).

(Presently Lodged In Central Jail Sri Ganganagar)

----Petitioner Versus

State Of Rajasthan through PP

----Respondent

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

                                          (2 of 3)                        [CRLR-1235/2022]



              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 petitioners and the learned

Public Prosecutor on the application seeking suspension of

sentence (S.B. Criminal SOS Application Nos. 402/2022 &

403/2022). Perused the judgments impugned and the material

available on record.

Learned counsel for the accused-petitioners 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-

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

vide judgment dated 21.03.2018 passed by learned Additional

Chief Judicial Magistrate, Srikaranpur, District Sriganganagar

which has been affirmed vide Judgment dated 04.08.2022 passed

by learned Additional Sessions Judge, Srikaranpur in Criminal

Appeal No. 22/2018 and presently the accused is in custody.

Per contra, learned Public Prosecutor has vehemently

opposed the prayer regarding suspension of sentences.

(3 of 3) [CRLR-1235/2022]

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-petitioners.

Accordingly, the bail application for suspension of sentences

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

Additional Chief Judicial Magistrate, Srikaranpur, District

Sriganganagar vide judgment dated 21.03.2018 in Regular

Criminal Case Nos. 225/2012 & 222/2012 and affirmed by the

learned Additional Sessions Judge, Srikaranpur, District

Sriganganagar vide judgment dated 04.08.2022 passed in

Criminal Appeal Nos. 22/2018 & 21/2018 against the accused-

petitioners 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 221-223-Mohan/-

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