Rajasthan High Court - Jodhpur
Madan Das vs State Of Rajasthan ... on 14 September, 2023
Bench: Pushpendra Singh Bhati, Kuldeep Mathur
[2023:RJ-JD:29732-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1064/2023
Madan Das S/o Shri Poonam Das, Aged About 64 Years, B/c
Vaishnav R/o Palasani Ps Dangiyawas Tehsil And Dist. Jodhpur
Presently Lodged In Central Jail Jodhpur
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Pradeep Kumar Shah.
For Respondent(s) : Mr. R.R. Chhaparwal, P.P.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE KULDEEP MATHUR
Judgment
14/09/2023
1. Heard learned counsel for the parties on D.B. Criminal
Misc. 4th (Suspension of Sentence) Application
No.1064/2023.
2. The third application of Suspension of Sentence Application
was rejected by the Hon'ble Division Bench of this Court vide
order dated 09.09.2022.
3. Mr. Shah, learned counsel for the appellant-applicant
submitted that he is making his primary submissions on the
prolonged custody which is eleven years, seven months and
twenty nine days with remission.
[2023:RJ-JD:29732-DB] (2 of 4) [SOSA-1064/2023]
4. Learned counsel for the appellant-applicant further submitted
that the family members of two brothers while contesting a piece
of property, engaged in the fight which resulted into death of one
of the brothers namely Mangi Lal. Learned counsel also submitted
that there is a single injury on the body of deceased Mangi Lal.
5. Learned counsel for the appellant-applicant has referred to
the judgments rendered by the Hon'ble Apex Court in the case of
Saudan Singh Vs. The State of Uttar Pradesh : SLP (Crl.)
No.4633/2021 (decided on 05.10.2021) and Firoz Khan Vs.
State of Rajasthan : D.B. Criminal Misc. 2 nd Suspension of
Sentence Application (Appeal) No.624/2023 (decided on
11.08.2023) and submitted that the allegations do not fall in the
category to the exception of the case of Saudan Singh (supra).
6. Learned Public Prosecutor has opposed the application for
Suspension of Sentence. However, he was not in a position to
refute the custody period of eleven years, seven months and
twenty nine days with remission and also the applicability of the
judgments rendered in the case of Saudan Singh (supra) and Firoz
Khan (supra).
7. Learned counsel for the appellant-applicant thus submitted
that the Suspension of Sentence Application deserves to be
allowed as the final hearing of the appeal is likely to take a long
time.
8. On a conjoint consideration of prolonged
custody period of eleven years, seven months and
twenty nine days, so also the fact the there is a single injury,
fight had taken place between the family members,
[2023:RJ-JD:29732-DB] (3 of 4) [SOSA-1064/2023]
particularly the brothers with no premeditation, and the
application of the precedent law laid down in the cases of Saudan
Singh (supra) and Firoz Khan (supra) applies, this Court deems it
appropriate to suspend the sentences awarded to the appellant-
applicant in this case, at this stage.
9. Accordingly, D.B. Criminal Misc. 4th (Suspension of
Sentence) Application No. 1064/2023 filed under Sec.389
Cr.P.C. is allowed and it is ordered that the substantive sentence
passed by the trial court vide judgment dated 11.01.2017 in
Sessions Case No.14/2013 against appellant-applicant Madan
Das S/o Shri Poonam Das shall remain suspended till final
disposal of the aforesaid 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 03.10.2023 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 months of January & July 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,
they will give in writing their changed address to
the trial Court.
10. 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-
[2023:RJ-JD:29732-DB] (4 of 4) [SOSA-1064/2023]
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.
(KULDEEP MATHUR),J (DR.PUSHPENDRA SINGH BHATI), J
7-Prashant/-
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