Rajasthan High Court - Jodhpur
Mangi Lal vs State Of Rajasthan (2025:Rj-Jd:47600) on 6 November, 2025
[2025:RJ-JD:47600]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 691/2025
Mangi Lal S/o Shri Laxman, Aged About 37 Years, Resident Of
Village Kharpina, Near Bus Stand, Goverdhan Vilas, Udaipur
(Rajasthan) (Presently Lodged In Central Jail, Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Shambhoo Singh Rathore
For Respondent(s) : Mr. Sriram Choudhary, PP
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
06/11/2025
1. Heard learned counsel for the appellant-applicant as well as
learned Public Prosecutor and perused the material available on
record.
2. Learned counsel for the appellant-applicant submits that the
cause of death, as per the medical evidence, was rupture of the
spleen, consequent upon fracture of the 9 th and 10th ribs. He
submits that the prosecution case rests primarily on the testimony
of eye-witnesses PW-7 and PW-8, whose versions are inconsistent
and contradictory. He also submits that the incident occurred in a
fit of rage and that only a single blow was inflicted upon the
stomach of the deceased. He further submits that despite the
aforesaid facts, the learned Trial Court has convicted the
appellant-applicant for the offence punishable under Section 304
IPC. He further submits that considering the statements of PW-7
and PW-8, this Court had earlier enlarged the appellant-applicant
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[2025:RJ-JD:47600] (2 of 3) [SOSA-691/2025]
on bail vide order dated 23.10.2024 passed in S.B. Criminal Misc.
Bail Application No.10196/2024 (Mangi Lal v. State of Rajasthan).
He further submits that the appellant-applicant has already
undergone more than two years of incarceration out of the total
sentence of ten years' simple imprisonment, and there are bleak
chances of hearing of the present criminal appeal in near future.
He, therefore, implores this Court to allow the present application
for suspension of sentence.
3. Per contra, learned Public Prosecutor opposes the application
for suspension of sentence and submits that the learned Trial
Court has thoroughly considered the entire evidence threadbare
and has passed a detailed order convicting the appellant-applicant
for the offence in question, therefore, the application for
suspension of sentence in question deserves to be dismissed.
4. Having considered the arguments advanced by both the
sides and having regard to the facts and circumstances of the
case, including the facts that in the statements of PW-7 and PW-8
certain contradictions do appear, and considering that the present
case pertains to a single blow allegedly inflicted by a fist, resulting
in rupture of the spleen due to fracture of the 9 th and 10th ribs, as
well as the fact that the appellant-applicant was on bail during the
course of trial, and the chances of hearing of appeal in near future
being bleak, this Court is of the opinion that it is a fit case for
suspending the sentence awarded to the accused-appellant-
applicant.
5. Accordingly, the applications for suspension of sentence filed
under Section 430 of BNSS is allowed and it is ordered that the
sentence passed by the learned District & Sessions Judge, District
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[2025:RJ-JD:47600] (3 of 3) [SOSA-691/2025]
Udaipur, vide judgment dated 08.04.2025 in Sessions Case
No.315/2023 (CIS No.315/2023) against the appellant-applicant,
Mangi Lal S/o Shri Laxman, shall remain suspended till final
disposal of the aforesaid appeals and he shall be released on bail,
provided he executes a personal bond in the sum of Rs.2,00,000/-
with two sureties of Rs.1,00,000/- each to the satisfaction of the
learned trial Judge for his appearance in this court on 08.12.2025
and whenever 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.
6. The learned trial Court shall keep the record of attendance of
the appellant-applicant in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
appellant-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 appellant-applicant does not appear before the trial Court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(SANDEEP SHAH),J
40-devrajP/-
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