Mangu Singh vs State Of Rajasthan
2023 Latest Caselaw 5312 Raj

[2023/RJJD/017436]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 548/2023

IN

S.B. Criminal Appeal No. 794/2023

Mangu Singh S/o Shaitan Singh, Aged About 56 Years, W.No. 01, Parbatsar, Dist. Nagaur.

                                                                           ----Appellant
                                       Versus
State Of Rajasthan, Through PP
                                                                         ----Respondent


For Appellant(s)             :     Mr. Pratap Singh
For Respondent(s)            :     Mr. A. R. Choudhary, PP



               HON'BLE MR. JUSTICE FARJAND ALI

                                        Order

25/05/2023

1. The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment

dated 09.05.2023 passed by learned Special Judge, SC/ST

Act Cases, Merta District Nagaur in Sessions Case

No.260/2014 whereby he was convicted and sentenced to

suffer maximum punishment of six months simple

imprisonment along with compensation fine of Rs.1,000/-

under Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act

and lesser punishment for the other offences punishable

under Sections 323 and 341 of IPC.

2. It is contended that the learned trial Judge has not

appreciated the correct, legal and factual aspects of the

matter and thus, reached at an erroneous conclusion of guilt,

[2023/RJJD/017436] (2 of 3) [SOSA-548/2023]

therefore, the same is required to be appreciated again by

this Court being the first appellate Court. Hearing of the

appeal is likely to take long time, therefore, the application

for suspension of sentence may be granted.

3. Per contra, learned Public Prosecutor has vehemently

opposed the prayer made by learned counsel for the

accused-applicant for releasing the appellant on application

for suspension of sentence.

4. Heard learned counsel for the parties and perused the

material available on record.

5. Looking to the term of sentence awarded to the appellant,

this Court is of the view that the same should be suspended.

Considering the totality of facts and circumstances of the

case, more particularly the fact that hearing of appeal is

likely to take further more time and considering the overall

submissions 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.

6. Accordingly, the application for suspension of sentence filed

under Section 389 Cr.P.C. is allowed and it is ordered that

the sentence passed by learned Special Judge, SC/ST Act

Cases, Merta District Nagaur in Sessions Case No.260/2014

against the appellant-applicant Mangu Singh S/o Shaitan

Singh 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

[2023/RJJD/017436] (3 of 3) [SOSA-548/2023]

sureties of Rs.25,000/- each to the satisfaction of the

learned trial Judge for his appearance in this Court on

23.06.2023 and whenever ordered to do so till the disposal

of the appeal on the conditions indicated below:-

1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the applicant changes the place of residence, he will give in writing his 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 241-Ashutosh/-

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