Rajasthan High Court - Jodhpur
Mangalsen vs State Of Rajasthan (2025:Rj-Jd:8143) on 10 February, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:8143]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1797/2024
1. Mangalsen S/o Shishpal, Aged About 36 Years, R/o
Nethrana, P.s. Gogamedi, Dist. Hanumangarh.
2. Daya Ram S/o Hanuman Prasad, Aged About 45 Years,
R/o Nethrana, P.s. Gogamedi, Dist. Hanumangarh.
3. Mohan Lal S/o Bhadra Ram, Aged About 42 Years, R/o
Nethrana, P.s. Gogamedi, Dist. Hanumangarh
4. Manohar Lal S/o Rang Lal, Aged About 34 Years, R/o
Nethrana, P.s. Gogamedi, Dist. Hanumangarh
(Lodged In Sub Jail, Bhadra)
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. RS Choudhary
For Respondent(s) : Mr. Pawan Kumar Bhati, PP
Mr. TC Sharma
Mr. Mahaveer Prasad, ASI, PS
Gogamedi, Hanumangarh.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
10/02/2025
Heard learned counsel for the parties and perused the
material available on record.
Counsel for the appellants does not want to press this
application for suspension of sentence qua appellant No.4
Manohar Lal.
Hence, the application for suspension of sentence is
dismissed as not pressed qua appellant No.4 Manohar Lal.
However, liberty is granted to file a fresh application for
suspension of sentence after four months.
[2025:RJ-JD:8143] (2 of 3) [SOSA-1797/2024]
So far as rest of the appellants i.e. appellant Nos.1 to 3, are
concerned, counsel submits that they have been acquitted from
the main offence under Section 302 IPC by the trial court. They
were on bail during the trial and there is no chance of hearing of
the appeal in near future, therefore, the sentence of the appellant
Nos.1 to 3 may be suspended and they may be released on bail.
Learned Public Prosecutor and learned counsel for the
complainant have vehemently opposed the application for
suspension of sentence.
Upon a consideration of the arguments advanced on behalf
of the appellant No.1 to 3 and having regard to the facts and
circumstances of the case including the facts that the appellant
Nos.1 to 3 were on bail during the trial and there is no chance of
hearing of the appeal in near future, this Court is of the opinion
that it is a fit case for suspending the sentence awarded to the
accused appellant Nos.1 to 3.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is partly allowed qua appellant Nos.1 to
3 and it is ordered that the sentence passed by the learned
Additional Sessions Judge, Bhadra, District Hanumangarh, vide
judgment dated 17.12.2024 in Sessions Case No.03/2018 against
the appellant-applicants (1) Mangalsen S/o Shishpal, (2) Daya
Ram S/o Hanuman Prasad & (3) Mohan Lal S/o Bhadra Ram, shall
remain suspended till final disposal of the aforesaid appeal and
they shall be released on bail provided each of them executes a
personal bond in the sum of Rs.1,00,000/- with two sureties of
Rs.50,000/- each to the satisfaction of the learned trial Judge for
their appearance in this court on 24.03.2025 and whenever
[2025:RJ-JD:8143] (3 of 3) [SOSA-1797/2024]
ordered to do so till the disposal of the appeal on the conditions
indicated below:-
1. That he/she/they will appear before the trial
Court in the month of January of every year till the
appeal is decided.
2. That if the applicant(s) changes the place of
residence, he/she/they will give in writing
his/her/their 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.
The learned trial Court shall keep the record of attendance of
the accused-applicant(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-applicant(s) was/were 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(s) does not appear before the trial
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(MANOJ KUMAR GARG),J
156-MS/-
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