Mangilal @ Mangu vs State Of Rajasthan
2023 Latest Caselaw 231 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Application (Suspension of Sentence) No.1172/2022

In

S.B. Criminal Appeal No. 1964/2022

Mangilal @ Mangu S/o Kanji Meena, Aged About 30 Years, R/o Morkucha Ps Salamgarh Dist. Pratapgarh

----Appellant Versus State Of Rajasthan, Through Pp

----Respondent

For Appellant(s) : Mr.Ramesh Purohit For Respondent(s) : Mr. Anees Bhurat, PP

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

06/01/2023

Heard learned counsel for the applicant-appellant and

learned Public Prosecutor for the State on application for

suspension of sentences. Perused the material available on record.

It is contended by the counsel for the appellant-

applicant that appellant-Mangilal @ Mangu S/o Kanji Meena has

been convicted for the offences under Sections 363, 366 of the

IPC and under Section 16/17 of the POCSO Act and sentenced to

undergo seven years' rigorous imprisonment. Learned counsel

further submits that the appellant-applicant is on bail during trial

and disposal of the appeal will consume time thus, sentence

awarded to him may be suspended during pendency of the appeal.

Learned Public Prosecutor has opposed the application

for suspension of sentence.

(2 of 3) [SOSA-1172/2022]

I have heard and considered the arguments advanced

by the counsel for the parties and have gone through the material

available on record.

Having considered the facts and circumstances and

particularly the fact that appellant-applicant sentences awarded to

him have already been suspended by the learned trial Court as

disposal of appeal will consume time, therefore, this Court deems

it fit and proper to allow the application for suspension of sentence

filed by the appellant-applicant.

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 Special Judge, POCSO Act Cases,

Pratapgarh vide judgment dated 04.11.2022 in Sessions Case

No.50/2018 against the appellant-applicant Mangilal @ Mangu S/o

Kanji Meena 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

Judgefor his appearance in this court on 06.02.2023 and

whenever ordered to do so till the disposal of the appeal on the

conditions indicated below:-

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.

(3 of 3) [SOSA-1172/2022]

The learned trial Court shall keep the record of attendance of the

accused-applicant(s) in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

applicant(s) was/were tried and convicted. A copy of this order shall

also be placed in that file for ready reference. Criminal Misc. file shall

not be taken into account for statistical purpose relating to pendency

and disposal of cases in the trial court. In case the said accused

applicant(s) does not appear before the trial court, the learned trial

Judge shall report the matter to the High Court for cancellation of bail.

(VINOD KUMAR BHARWANI),J 2-Mamta/-

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