Manglaram vs State Of Rajasthan ...
2023 Latest Caselaw 8592 Raj

[2023:RJ-JD:35221-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1149/2023

IN

D.B. Criminal Appeal No.174/2023

Manglaram S/o Dedaram Patel, Aged About 56 Years, R/o Sonai Lakha Ps Rohat Dist. Pali (Presently Lodged In Central Jail Jodhpur)

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

----Respondent

For Petitioner(s) : Mr. Nitesh Mathur For Respondent(s) : Mr. R.R. Chhaparwal, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

Order

16/10/2023

1. Heard learned counsel for the parties on the application for

suspension of sentence.

2. The instant application for suspension of sentence has been

preferred by the appellant-applicant, who has been convicted and

sentenced by the learned trial court vide judgment dated

01.09.2023 in Sessions Case No.10/2016. The appellant-applicant

has been sentenced as under :-

 [2023:RJ-JD:35221-DB]                   (2 of 4)                         [SOSA-1149/2023]


Offence       Sentence                 Fine                 Sentence in default of

U/s                                                         payment of fine
302 IPC       Life                     Rs.50,000/-                  Additional three

              imprisonment                                           months' S.I.
201/34 IPC Seven years'                Rs.25,000/- Additional two months'

              S.I.                                                        S.I.

3. Learned counsel for the appellant-applicant has argued that

the trial court has grossly erred in sentencing and convicting the

appellant-applicant vide impugned judgment. It is submitted that

the trial court has not relied upon the evidence produced by the

prosecution regarding recovery of dead bodies at the instance of

the appellant and has specifically held that the prosecution has

failed to prove that the dead bodies have been recovered at the

instance of the appellant. Learned counsel has submitted that the

trial court has convicted and sentenced the accused-appellant

while holding that the recovery of ornaments of deceased Pinki is

at the instance of the appellant. He further submitted that

deceased Pinki and her minor children were missing since 2015

and the dead bodies were recovered on 21.01.2016. It is

submitted that it is difficult to comprehend that after commission

of crime, date of which is not known, the appellant kept the

ornaments along with him. It is submitted that the circumstantial

evidence collected by the prosecution against the appellant is not

sufficient to prove his guilt, however, the learned trial court,

without considering the said aspect of the matter, has illegally

passed the impugned judgment qua the appellant. It is also

submitted that the appellant was on bail during trial and there is

[2023:RJ-JD:35221-DB] (3 of 4) [SOSA-1149/2023]

no possibility that the appeal filed by the appellant will be heard in

near future.

4. Learned Public Prosecutor has opposed this application for

suspension of sentence.

5. Taking into consideration the overall facts and circumstances

of the case and without making any observation on the merits of

the case, we are inclined to suspend the sentence awarded to the

appellant-applicant.

6. Accordingly, this application for suspension of sentence filed

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

substantive sentence passed by the learned Additional Sessions

Judge, Sumerpur vide judgment dated 01.09.2023 in Sessions

Case No.10/2016 against appellant-applicant Manglaram S/o

Dedaram Patel shall remain suspended till final disposal of the

appeal, 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 his appearance in this

court on 16.11.2023 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 appellant 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,

[2023:RJ-JD:35221-DB] (4 of 4) [SOSA-1149/2023]

they will give in writing their changed address to the trial Court.

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

the accused-appellant in a separate file. Such file be registered as

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

appellant was 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-appellant does not appear before the trial court, the

learned trial Judge shall report the matter to the High Court for

cancellation of bail.

(RAJENDRA PRAKASH SONI),J (VIJAY BISHNOI),J

52-Payal/-

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