Rajasthan High Court - Jodhpur
Mangi Lal vs State Of Rajasthan on 20 May, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:24605]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Suspension of Sentence No. 953/2025
in
S.B. Criminal Appeal (Sb) No. 1031/2025
Mangi Lal S/o Kana Ram, Aged About 27 Years, R/o Ward No 12,
Tibbi, Police Station Tibbi, District Hanumangarh. (At Present
Lodged In District Jail, Hanumangarh)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Teja Ram
For Respondent(s) : Mr. S.S. Rathore, Dy.G.A.
HON'BLE MR. JUSTICE FARJAND ALI
Order
20/05/2025
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment dated
07.04.2025 passed by the learned Special Judge, NDPS Act Cases,
District Hanumangarh in Sessions Case No 37/2018 whereby he
was convicted and sentenced to suffer rigorous imprisonment of
two years for the offence under Section 8/22 of the NDPS Act.
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 has strong arguable case in his favour. Hearing of the
appeal is likely to take long time, therefore, the application for
suspension of sentence may be granted.
[2025:RJ-JD:24605] (2 of 3)
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.
6. Learned counsel for the appellant has pointed out number of
discrepancies in the prosecution case. Being the first appellate
court, when the appeal has been admitted, this court is duty
bound to make a critical legal and factual appreciation of the
material brought on record. There is no likelihood of hearing of
the appeal on an early date. Thus, considering the submissions
advanced at bar, grounds raised in the memo of appeal and
looking to the totality of facts and circumstances of the case, 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 appeal, 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, details of which are
mentioned in opening 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 18.06.2025 and
[2025:RJ-JD:24605] (3 of 3)
whenever ordered to do so till the disposal of the appeal 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
91-Yogeshwar S/-
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