Manoj Kumar S/O Nawal Kishore Dokwal vs State Of Rajasthan ...
2024 Latest Caselaw 1820 Raj/2

Rajasthan High Court

Manoj Kumar S/O Nawal Kishore Dokwal vs State Of Rajasthan ... on 14 March, 2024

Bench: Pankaj Bhandari, Sameer Jain

[2024:RJ-JP:12814-DB]

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

     D.B. Criminal Misc 3rd Suspension of Sentence Application No.
                                    1879/2023

                   D.B. Criminal Appeal No.144/2021

Manoj Kumar S/o Nawal Kishore Dokwal, R/o Ward No. 19,
Saraswaton Ka Mohalla, Fatehpur, District Sikar(Raj.)
(Accused Appellant At Present In Open Jail, Jaipur)
                                                                      ----Petitioner
                                       Versus
1. State Of Rajasthan, Through P.P.
2. Mohan Lal, age about 56 years, S/o. Sh. Chiranji Lal Vyas, R/o
Ward No.19, Bade Mandir Ke Pass, Fatehpur, District Sikar
(Rajasthan).
                                                 ----Respondents/Complainant

For Petitioner(s)            :     Mr. Amit Kumar Soni
For State                    :     Mr. Javed Choudhary, Addl. G.A.
For Complainant              :     Mr. S.S. Hora with
                                   Mr. T.C. Sharma



            HON'BLE MR. JUSTICE PANKAJ BHANDARI
               HON'BLE MR. JUSTICE SAMEER JAIN

                                        Order

14/03/2024
1.     Accused-applicant         has      preferred         third   application   for

suspension of sentence.

2. Heard on third application for suspension of sentence.

3. It is contended by counsel appearing for the accused-

applicant that applicant has remained in custody for a period of

more than eight years including remission. Suspension of sentence

of co-accused Satyanarayan was allowed by the Court. There is no

allegation against the applicant for causing any fatal injury to the

[2024:RJ-JP:12814-DB] (2 of 2) [SOSA-1879/2023]

deceased. He has responsibility of maintaining his family and

children. Disposal of the appeal is bound to take time.

4. Learned counsel for the complainant Mr. S.S. Hora and

Additional Government Advocate have opposed the third

application for suspension of sentence. It is contended that earlier

application was dismissed on merits.

5. We have considered the contentions.

6. Considering the judgment in the case of "Saudan Singh Vs.

State of Uttar Pradesh" (Criminal Appeal No.308/2022) decided

by the Hon'ble Apex Court on 25.02.2022 and also taking note of

the fact that the applicant has remained in custody for the period

of more than eight years including remission; disposal of the

appeal is bound to take time, we deem it proper to allow the third

application for suspension of sentence.

7. Accordingly, the third application for suspension of sentence

is allowed. It is ordered that the sentence awarded to accused

applicant in Sessions Case CIS No.167/2019 shall remain

suspended if the accused-applicant furnishes a personal bond of

Rs.1,00,000/- and two sureties of Rs.50,000/- each to the

satisfaction of the learned Trial Court to the effect that he shall

appear before this Court as and when called upon to do so.

                                    (SAMEER JAIN),J                                              (PANKAJ BHANDARI),J

                                   JKP/Deepak-4









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