Rajasthan High Court - Jodhpur
Mangal Singh @ Mangu Singh vs State Of Rajasthan on 15 April, 2025
Author: Farjand Ali
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Application for Suspension of Sentence (Revision)
No.85/2025
in
S.B. Criminal Revision Petition No. 325/2025
Mangal Singh @ Mangu Singh S/o Udai Singh, Aged About 42
Years, R/o Bera Devsagar, Haripur, Police Station Raipur,
Rajasthan, Dist. Pali. (Presently Lodged In Sub Jail, Jaitaran)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Divakar Sharma
For Respondent(s) : Mr. Vikram Rajpurohit, DyGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
15/04/2025
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment dated
18.11.2017 passed by the learned Judicial Magistrate, Bar, District
Pali in Criminal Original Case No.250/2012 (CIS No.302/2014),
whereby he was convicted and sentenced to suffer maximum
imprisonment of 1 year R.I. for the offence under Section 498A of
the IPC with lesser punishment for the offence under Section 323
of the IPC. The learned Additional Sessions Judge, Jaitaran,
District Pali while partly allowing Appeal No.2/2018 preferred
against the aforesaid judgment, acquitted the petitioner from the
offence under Section 323 of the IPC while maintaining the
(2 of 3)
conviction and sentence for the offence under Section 498A of the
IPC.
2. Learned counsel for the petitioner submits that the learned
trial court as well as the learned appellate court has committed an
error of law in appreciating the evidence brought on record,
therefore, the material would be required to be appreciated again.
The petitioner was on bail during trial and during the course of
appeal. Hearing of the revision petition would likely take long
time. Hence, it is prayed that the sentence awarded to petitioner
may be suspended during the pendency of the revision petition.
3. Heard learned counsel for the petitioner, learned Public
Prosecutor and perused the material available on record.
4. Upon consideration of the grounds raised in the memo of the
revision, looking to the totality of facts and circumstances of the
case, more particularly the fact that the marriage of the parties
was solemnized in the year 2004 and the report was lodged in the
year 2012 and as such, the allegation with regard to demand of
Rs.50,000/- as dowry is required to be appreciated again by this
court, but early hearing of revision is not a seeming fate, thus,
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 revision, this court is of the opinion that it is a fit case for
suspending the sentence awarded to the accused-petitioner.
5. Accordingly, the application for suspension of sentence filed
under Section 397/401 Cr.P.C. is allowed and it is ordered that the
sentence passed by learned trial court against the petitioner-
applicant, which was further modified by the learned appellate
(3 of 3)
court, shall remain suspended till final disposal of the aforesaid
revision and he shall be released on bail 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 16.05.2025 and whenever ordered
to do so till the disposal of the revision 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
128-Pramod/-
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