Rajasthan High Court
Maman Singh And Anr vs State Of Rajasthan Through Pp on 19 May, 2022
Bench: Prakash Gupta, Chandra Kumar Songara
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Misc. Second Suspension of Sentence Application
No.247/2022
IN
D.B. Criminal Appeal No. 323/2013
Maman Singh S/o Ramswaroop, R/o Village Seenthal,
Tehsil Bhiwari, District Alwar At Present In Central Jail,
Alwar (Accused in District Jail Alwar)
---Accused-Applicant
Versus
State Of Rajasthan Through PP
----Respondent
For Appellant(s) : Mr. Pradeep Kumar Chaudhary
For Respondent(s) : Ms. Rekha Madnani, PP
HON'BLE MR. JUSTICE PRAKASH GUPTA
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA
Order
19/05/2022
This second suspension of sentence application has
been filed by the accused-applicant under Section 389 Cr.P.C.
Learned counsel for the applicant submits that vide
judgment dated 22.03.2013 passed by Additional Session Judge
No.2, Behror, District Alwar in Sessions Case No.32/2011, the
accused-applicant was convicted and sentenced as under:
Under Section 342 IPC: To undergo one
year's simple imprisonment together with a fine
of Rs.1,000/-; in default of payment of fine, to
further undergo two months' imprisonment.
Under Section 394 IPC: To undergo life
imprisonment together with a fine of
(2 of 4) [SOSA-247/2022]
Rs.5,000/-; in default of payment of fine, to
further undergo six months' imprisonment.
Learned counsel for the applicant further submits that
vide order dated 7.12.2016 passed by the Coordinate Bench of
this Court in D.B. Cr. Misc. Suspension of Sentence Application No.
914/2016 in D.B. Cr. Appeal No. 323/2013 filed by the accused
applicant, while hearing the first suspension of sentence
application of the applicant, one month's time was granted to file
the paper book and on its filing, same was directed to be
compared and verified by the Registry. Registry was also directed
to list the appeal for final hearing and application for suspension of
sentence was kept pending and was directed to be heard, in case
the appeal is not decided within one year. He further submits that
when the appeal was not heard within one year, the first
suspension of sentence application was again listed before this
Court and this Court vide its order dated 27.7.2021 disposed of
the first suspension of sentence application and the appeal was
directed to be listed for final hearing on 8.9.2021. He further
submits that when again the appeal was not heard for quite a long
time, the applicant filed an application No. 1/13.1.2022 seeking
appropriate directions on the suspension of sentence application
no. 914/2016. Since the first suspension of sentence application
had already been disposed of vide order dated 27.7.2021,
application no. 1/13.1.2022 was not pressed and the same was
dismissed vide order dated 24.1.2022 passed by the Coordinate
Bench of this Court. He further submits that more than 5 years
have been passed from the date of passing the order dated
7.12.2016, yet the appeal has not been heard. Hence, this 2nd
suspension of sentence application has been filed by the applicant.
(3 of 4) [SOSA-247/2022]
He further submits that the Hon'ble Supreme Court vide
its order dated 25.2.2022 passed in Cr. Appeal No. 308/2022 titled
Saudan Singh Versus The State of Uttar Pradesh and other
connected matters, has granted bail to the convicts, who remained
in custody for more than 10 years and whose appeals were not
heard. In the instant case, the applicant has remained in custody
for the last more than 13 years and 2 months and his appeal has
also not been heard and the same is still pending consideration
before this Court. This is the change in the circumstances. He
further submits that the sentence of co-accused Ramlal has also
been suspended by the Co-ordinate Bench of this Court vide order
dated 18.11.2013 passed in D.B. Criminal Misc. Suspension of
Sentence Application No.465/2013 in D.B. Criminal Appeal
No.323/2013. Hence, the sentence awarded to the applicant may
be suspended.
On the other hand, learned Public Prosecutor appearing
for the State has opposed the same and submits that number of
cases have been registered against the accused applicant, to
which learned counsel for the applicant submits that vide
judgment dated 16.02.2019 passed by the Punjab and Haryana
High Court at Chandigarh in CRA-D No. 560-DB of 2012 (O & M),
the accused-applicant has been acquitted of the charges levelled
against him.
Taking into consideration the facts and circumstances of
the case as also considering the fact that the accused-applicant
has been in custody for more than 13 years and 2 months, which
is a change in the circumstances, we deem it just and proper to
suspend the sentence of the accused-applicant.
(4 of 4) [SOSA-247/2022]
Accordingly, this second suspension of sentence
application is allowed and the sentence awarded to the accused-
applicant Maman Singh S/o Ramswaroop by the trial court vide its
judgment dated 22.3.2013 passed in Sessions Case No. 32/2011
is suspended and he is ordered to be released on bail, provided he
furnishes a personal bond in the sum of Rs.1,00,000/- with two
sureties of Rs.50,000/- each to the satisfaction of the trial court
with the stipulation that he shall appear before this Court on
04.07.2022 and thereafter as and when called upon to do so.
(CHANDRA KUMAR SONGARA),J (PRAKASH GUPTA),J
DK/1
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