Mangturam vs State Of Rajasthan
2023 Latest Caselaw 98 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. (Suspension of Sentence) Application No.445/2022 In S.B. Criminal Revision Petition No. 1351/2022

Mangturam S/o Shri Shreeram, Aged About 48 Years, R/o Chak 06 Rwm, Police Station Rawatsar, District Hanumangarh. (Presently Lodged In Sub Jail, Nohar)

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Laduram S/o Shri Bhanigr, R/o Ward No. - 05, Rawatsar, District Hanumangarh.

----Respondents

For Petitioner(s) : Mr. Vipin Mankad for Mr. R.C. Joshi For Respondent(s) : Mr. Anees Bhurat, PP

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

04/01/2023

Heard learned counsel for the applicant-petitioner 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 petitioner-

applicant that petitioner-Mangturam S/o Shri Shreeram has been

convicted for the offences under Sections 457 and 380 IPC and

sentenced to undergo one three years' rigorous imprisonment.

Learned counsel further submits that the petitioner-applicant is on

bail during trial and disposal of the revision petition will consume

time thus, sentence awarded to him may be suspended during

pendency of the revision petition.

(2 of 2) [SOSR-445/2022]

Learned Public Prosecutor has opposed the application

for suspension of sentence.

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 sentences imposed upon the petitioner-

applicant is of three years' imprisonment, and he is on bail during

trial, disposal of revision will consume time, therefore, this Court

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

sentence filed by the petitioner-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 Judicial Magistrate, Rawatsar,

District Hanumangarh vide judgment dated 22.02.2018 in Criminal

Case No.156/10 (CIS No.1545/2014) against the petitioner-

applicant Mangturam S/o Shri Shreeram, shall remain suspended

till final disposal of the aforesaid revision petition 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.

(VINOD KUMAR BHARWANI),J 24-Mamta/-

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