Allowed

Mangilal @ Mangu v. State of Rajasthan

Rajasthan HC6 Jan 2023SOSA/1172/2022

Case brief

AI extract

What is this about?

High Court allowed the appellant's application for suspension of sentence under Section 389 Cr.P.C. during the pendency of his special appeal, directing his release on bail upon executing a personal bond with sureties.

What did the court decide?

Application for suspension of sentence under Section 389 Cr.P.C. allowed; appellant released on bail upon executing personal bond with sureties.

Mangilal @ Mangu Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. Application (Suspension of Sentence) No.1172/2022

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S.B. Criminal Appeal No. 1964/2022

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Mangilal @ Mangu S/o Kanji Meena, Aged About 30 Years, R/o Morkucha Ps Salamgarh Dist. Pratapgarh

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----Appellant

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Appellant(s) : Mr.Ramesh Purohit For Respondent(s) : Mr. Anees Bhurat, PP

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HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

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Order

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06/01/2023

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Heard learned counsel for the applicant-appellant and learned Public Prosecutor for the State on application for suspension of sentences. Perused the material available on record. It is contended by the counsel for the appellantapplicant that appellant-Mangilal @ Mangu S/o Kanji Meena has been convicted for the offences under Sections 363, 366 of the IPC and under Section 16/17 of the POCSO Act and sentenced to undergo seven years’ rigorous imprisonment. Learned counsel further submits that the appellant-applicant is on bail during trial and disposal of the appeal will consume time thus, sentence awarded to him may be suspended during pendency of the appeal. Learned Public Prosecutor has opposed the application for suspension of sentence.

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(2 of 3)

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[SOSA-1172/2022]

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I have heard and considered the arguments advanced by the counsel for the parties and have gone through the material available on record.

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Having considered the facts and circumstances and particularly the fact that appellant-applicant sentences awarded to him have already been suspended by the learned trial Court as disposal of appeal will consume time, therefore, this Court deems it fit and proper to allow the application for suspension of sentence filed by the appellant-applicant.

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Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Special Judge, POCSO Act Cases, Pratapgarh vide judgment dated 04.11.2022 in Sessions Case No.50/2018 against the appellant-applicant Mangilal @ Mangu S/o Kanji Meena 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 Judgefor his appearance in this court on 06.02.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

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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.

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Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

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(3 of 3) [SOSA-1172/2022]

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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 accusedapplicant(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.

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(VINOD KUMAR BHARWANI),J

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2-Mamta/-

Mangilal @ Mangu v. State of Rajasthan

Case brief

What is this about?

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Mangilal @ Mangu v. State of Rajasthan

Case brief

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