Mangilal vs State Of Rajasthan (2025:Rj-Jd:20277)
2025 Latest Caselaw 12297 Raj

Rajasthan High Court - Jodhpur

Mangilal vs State Of Rajasthan (2025:Rj-Jd:20277) on 25 April, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:20277]                     (1 of 3)                      [SOSA-269/2025]


      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                                No. 269/2025 in

                     S.B. Criminal Appeal No.292/2025

Mangilal S/o Shri Narayan Lal Jat, Aged About 36 Years, R/o
Khalatod, Police Station Kheroda, Dist. Udaipur (Raj.) (At
Present Confined In Central Jail, Udaipur)
                                                                     ----Petitioner
                                      Versus
State Of Rajasthan, Through Pp
                                                                   ----Respondent


For Petitioner(s)           :     Mr. Mahipal Bishnoi
For Respondent(s)           :     Mr. Vikram Rajpurohit, Dy.G.A.



                HON'BLE MR. JUSTICE FARJAND ALI

Order

25/04/2025

1. The instant application for suspension of sentence has been

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

23.01.2025 passed by the learned Addl. Sessions Judge No.1,

Udaipur in Sessions Case No.77/2019 whereby he was convicted

and sentenced to suffer maximum imprisonment of 10 years

under Sections 329 of IPC along with a fine of Rs.10,000/-.

2. It is contended by the learned counsel for the appellant that

the learned trial Judge has not appreciated the correct, legal and

factual aspects 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. The

appellant was on bail during trial and did not misuse the liberty so

[2025:RJ-JD:20277] (2 of 3) [SOSA-269/2025]

granted to him; hearing of the appeal is likely to take long time,

therefore, the application for suspension of sentence may be

granted.

3. Per contra, learned public prosecutor has vehemently

opposed the prayer made by learned counsel for the accused-

applicant for releasing the appellant on application for suspension

of sentence.

4. Heard learned counsel for the parties and perused the

material available on record.

5. A strong arguable case exist in favour of the appellant. He is in

custody since 2018. Hearing of the appeal would likely to take a

long time and further considering the submission that during the

entire course of trial, he remained on bail and did not misuse the

liberty so granted to him, this court is of the opinion that it is a fit

case for suspending the sentence awarded to the accused-

appellant.

6. Accordingly, the application for suspension of sentence filed

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

sentence passed by learned trial court, the details of which are

provided in the first para of this order, against the appellant-

applicant named above shall remain suspended till final disposal of

the aforesaid appeal 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 26.05.2025 and

whenever ordered to do so till the disposal of the appeal on the

conditions indicated below:-

[2025:RJ-JD:20277] (3 of 3) [SOSA-269/2025]

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.

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

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

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

applicant 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 applicant does not appear before the trial court, the

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

cancellation of bail.

(FARJAND ALI),J 95-Pramod/-

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