Mangu vs State Of Rajasthan
2023 Latest Caselaw 8480 Raj

Citation : 2023 Latest Caselaw 8480 Raj
Judgement Date : 13 October, 2023

Rajasthan High Court - Jodhpur

Mangu vs State Of Rajasthan on 13 October, 2023

Bench: Farjand Ali

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODH-

PUR S.B. Criminal Misc. Suspension of Sentence Application No.1326/2023

In S.B. Criminal Appeal (Sb) No. 2165/2023

1. Mangu S/o Gopi Gurjar, Aged About 55 Years, R/o Dahi-

matha Kareda Ps Dist. Bhilwara Raj. Lodged In Dist. Jail Bhilwara

2. Paras S/o Mangi Lal Gurjar, Aged About 29 Years, R/o Dahimatha Kareda Ps Dist. Bhilwara Raj. Lodged In Dist. Jail Bhilwara

3. Smt. Gajari W/o Mangi Lal Gurjar, Aged About 52 Years, R/o Dahimatha Kareda Ps Dist. Bhilwara Raj. Lodged In Dist. Jail Bhilwara

4. Bhanwar Lal S/o Gopi Gurjar, Aged About 33 Years, R/o Dahimatha Kareda Ps Dist. Bhilwara Raj. Lodged In Dist. Jail Bhilwara

5. Smt. Prem W/o Bhagga Ram Gurjar, Aged About 47 Years, R/o Dahimatha Kareda Ps Dist. Bhilwara Raj. Lodged In Dist. Jail Bhilwara

6. Kana S/o Gopi Lal Gurjar, Aged About 35 Years, R/o Dahi-

matha Kareda Ps Dist. Bhilwara Raj. Lodged In Dist. Jail Bhilwara

7. Smt. Geeta W/o Kana Gurjar, Aged About 32 Years, R/o Dahimatha Kareda Ps Dist. Bhilwara Raj. Lodged In Dist. Jail Bhilwara

----Appellants Versus

1. State Of Rajasthan, Through PP

2. Nanu Ram S/o Laxman Gurjar, R/o Dahimatha Kareda Ps Dist. Bhilwara

3. Smt. Mema W/o Harikishan Gurjar, R/o Dahimatha Kareda Ps Dist. Bhilwara

4. Jassu W/o Shri Nenu Ram Gurjar, R/o Dahimatha Kareda Ps Dist. Bhilwara

5. Smt. Kamla W/o Kani Ram Gurjar, R/o Dahimatha Kareda Ps Dist. Bhilwara

6. Smt. Nosar / Nossi W/o Trilok Gurjar, R/o Dahimatha Kareda Ps Dist. Bhilwara

7. Trilok S/o Laxman Gurjar, R/o Dahimatha Kareda Ps Dist.

       Bhilwara
                                               ----Respondents


For Appellant(s)          :    Mr. T.R. Sodha
For Respondent(s)         :    Mr. Mahipal Bishnoi, PP


              HON'BLE MR. JUSTICE FARJAND ALI
                           Order

13/10/2023

1.   Admit.



                                     (2 of 4)

2. The service upon the complainant-respondent No.2 Nanu

Ram Gurjar received unserved with the report that he has passed

away. However, the information has been given to his son Hari

Kishan. None present for the complainant.

3. Heard on application for suspension of sentence.

4. The instant application for suspension of sentence has been

moved on behalf of the applicants in the matter of judgment dated

27.09.2023 passed by the learned Additional Sessions Judge,

No.1, Bhilwara in Sessions Case No.56/2013 whereby they were

convicted and sentenced to suffer maximum imprisonment of

seven years' simple imprisonment along with a fine of Rs.5,000/-

under Section 307/149 of IPC and lesser punishment for the other

offences under Sections 147, 148, 452/149, 323/149, 324/149

and 354/149 of IPC.

5. It is contended on behalf of the applicant that the learned

trial Judge has not appreciated the correct, legal and factual as-

pects of the matter and thus, reached at an erroneous conclusion

of guilt, therefore, the same is required to be appreciated again by

this court being the first appellate Court. They were on bail during

trial and did not misuse the liberty so granted to them; hearing of

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

suspension of sentence may be granted.

6. Per contra, learned public prosecutor has vehemently op-

posed the prayer made on behalf of the accused-applicant for re-

leasing the appellant on application for suspension of sentence.

7. Heard learned counsel for the parties and perused the mate-

rial available on record.

(3 of 4)

8. Considering the submissions of learned counsel for the par-

ties and looking to the totality of facts and circumstances of the

case, more particularly, the nature and gravity of the offence and

the manner in which the incident took place and the fact that the

injuries allegedly received by the victim are simple in nature as

well as the facts that the accused-appellants were on bail during

the course of trial and the hearing of appeal is likely to take fur-

ther more time and considering the overall submissions while re-

fraining from passing any comments on the niceties of the matter

and the defects of the prosecution as the same may put an ad-

verse 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 ac-

cused-appellants.

9. Accordingly, the application for suspension of sentence filed

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

tence passed by learned Additional Sessions Judge, No.1, Bhilwara

who passed the impugned order dated 27.09.2023 in Sessions

Case No.56/2013 against the appellant-applicants- Mangu S/o

Gopi Gurjar, Paras S/o Mangi Lal Gurjar, Smt. Gajari W/o

Mangi Lal Gurjar, Bhanwar Lal S/o Gopi Gurjar, Smt. Prem

W/o Bhagga Ram Gurjar, Kana S/o Gopi Lal Gurjar and

Smt. Geeta W/o Kana Gurjar shall remain suspended till final

disposal of the aforesaid appeal and they shall be released on bail

provided each of them execute a personal bond in the sum of

Rs.50,000/-with two sureties of Rs.25,000/- each to the satisfac-

tion of the learned trial Judge for their appearance in this court on

(4 of 4)

16.11.2023 and whenever ordered to do so till the disposal of the

appeal on the conditions indicated below:-

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

(2) That if the applicants change the place of residence, they will give in writing their changed addresses to the trial Court as well as to the counsel in the High Court.