Rajasthan High Court - Jodhpur
Mangala Ram vs Rajeev (2025:Rj-Jd:8971) on 13 February, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:8971]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Suspension Of Sentence(Revision) No. 56/2025
Mangala Ram S/o Shri Hoti, Aged About 40 Years, R/o Behind
High School, Takrawas, Bhinmal, Teh. Bhinmal, Dist. Jalore, Raj.
(Presently Lodged In Sub Jail, Bhinmal, Dist. Jalore)
----Petitioner
Versus
1. Rajeev S/o Shri Om Prakash Agarwal, R/o Singataron- Ka
-Bas, Maliyon Ki Chohata, Bhinmal Tehsil Bhinmal Dist.
Jalore Through Power Of Attorney Ashok Kumar S/o Shri
Om Prakash R/o Singataron Ka Bas, Maliyon Ka Chohata,
Bhinmal, Tehsil Bhinmal, Dist. Jalore,raj.
2. State Of Rajasthan, Through PP
----Respondents
For Petitioner(s) : Mr. Shambhoo Singh Rathore
For Respondent(s) : Mr. Narendra Gehlot, PP with
Mr. Om Prakash Choudhary
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
13/02/2025
Heard learned counsel for the petitioner as well as learned
Public Prosecutor and perused the material available on record.
This is second application for suspension of sentence.
Learned counsel for the petitioner(s) submits that
petitioner(s) has surrendered before the concerned trial court and
now he is in custody since 11.02.2025 and there is no chance of
hearing of the revision in near future, therefore, the substantive
sentence of the petitioner(s) may be suspended and he may be
released on bail.
[2025:RJ-JD:8971] (2 of 3) [SOSR-56/2025]
Learned Public Prosecutor has opposed the second
application for suspension of sentence.
Upon a consideration of the arguments advanced on behalf
of the petitioner(s) and having regard to the facts and
circumstances of the case including the fact that there is no
chance of hearing of the revision in near future, this court is of the
opinion that it is a fit case for suspending the substantive
sentence awarded to the accused petitioner(s).
Accordingly, the second application for suspension of
sentence filed under Section 438 (1) BNSS is allowed and it is
ordered that the substantive sentences passed by learned
Additional Chief Judicial Magistrate, Bhinmal, District Jalore in
Criminal Case No.192/2018 vide order dated 26.02.2021 as
affirmed by the learned Additional Session Judge, Bhinmal, District
Jalore vide order dated 21.10.2024 in Criminal Appeal No.22/2021
against the petitioner/applicant(s) - Mangala Ram S/o Shri
Hoti shall remain suspended till final disposal of the revision and
he/she/they shall be released on bail subject to deposit of 50% of
the cheque amount before the trial court, which shall be disbursed
immediately to the respondent/complainant, provided he/she/they
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 his/her/their appearance in this court on 17.03.2025
and whenever ordered to do so till the disposal of the revision 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.
[2025:RJ-JD:8971] (3 of 3) [SOSR-56/2025]
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.
4. The petitioner(s) shall deposit 50% of the
cheque amount before the trial court, which shall
be disbursed immediately to the
respondent/complainant on an application being
filed. Any amount already deposited by the
petitioner(s) shall be adjusted with the said 50% of
the cheque amount.
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
279-mSingh/-
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