Rajasthan High Court
Mohanlal S/O Mangalram vs State Of Rajasthan on 27 February, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application No.
433/2023
In
S.B. Criminal Appeal No. 406/2023
Mohanlal S/o Mangalram, Aged About 32 Years, R/o Nahar Wali
Dhani, Tan Malarna Police Station Sadar District Dausa (At
Present Lodge In Special Central Jail Syalawaas Dausa )
----Appellants
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Appellant(s) : Mr. Mukesh, brother of the accused
For Respondent(s) : Mr. Laxman Meena, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
27/02/2023
Lawyers are abstaining from appearance before the Court.
Heard brother of the appellant and learned Public Prosecutor
on the application for suspension of sentence and perused the
judgment impugned dated 15.02.2023 passed by learned
Additional Session Judge, Dausa whereby the accused appellant
has been convicted and sentenced to suffer maximum punishment
of five years simple imprisonment with fine of Rs. 25,000/- under
Section 307 IPC and lesser punishment for other offence under
Section 325, 341 and 323 IPC.
Learned Public Prosecutor vehemently opposes the prayer
made by learned counsel for the accused-appellant.
(2 of 3) [SOSA-433/2023]
By the same set of the evidence, some of the accused
persons have been acquitted and the appellant has been convicted
and sentenced to suffer 5 years imprisonment. There seems to be
cross-case of same incident in which both the parties sustained
injuries. Who were the aggressors is a fact open to moot while
hearing the appeal but hearing of the same would take long time.
During trial, the appellant was on bail.
The accused-appellant is behind the bars and the hearing of
appeal is likely to take further more time, therefore, considering
the overall submissions and looking to the totality of facts and
circumstances of the case while refraining from passing any
comments on the niceties of the matter and the defects of the
prosecution as the same may put an adverse effect on hearing of
the appeal, this court is of the opinion that it is a fit case for
suspending the sentence awarded to the accused appellant.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the learned Additional Session Judge, Dausa,
vide judgment dated 15.02.2023 in Sessions Case No. 80/2022
against the appellant-applicant Mohanlal S/o Mangalram shall
remain suspended till final disposal of the aforesaid appeal and he
shall be released on bail provided he executes 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 06.04.2023 and whenever ordered to do so till the
disposal of the appeal on the conditions indicated below:-
(3 of 3) [SOSA-433/2023]
1. That he/she/they will appear before the trial
Court in the month of January of every year till the
appeal is decided.
2. That if the applicant(s) changes the place of
residence, he/she/they will give in writing
his/her/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.
(FARJAND ALI),J
PREETI VALECHA /37
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