The High Court allowed the application to suspend the sentence awarded to the appellant for offences under IPC and SC/ST Act, permitting release on personal bond and sureties till the appeal is decided.
Sentence in Sessions Case No.112/2018 suspended on personal bond of Rs.50,000 and two sureties till appeal disposal on specified conditions.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1235/2023
Manga Singh S/o Major Singh, Aged About 28 Years, R/o Ward No. 12 Makkasar Ps Hanumangarh Junction Dist. Hanumangarh Presently Lodged In Dist. Jail Hanumangarh
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Achala Ram For Respondent(s) : Mr. R. R. Chhaparwal, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MUNNURI LAXMAN
Judgment / Order
02/12/2023
Heard learned counsel for the parties on the application for suspension of sentence.
The instant application for suspension of sentence has been preferred by the appellant-applicant, who has been convicted and sentenced by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Hanumangarh vide judgment dated 14.09.2023 in Sessions Case No.112/2018 (CIS No.112/2018). The appellantapplicant has been sentenced as under :-
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| Offence U/s | Sentence | Fine | Sentence in default |
|---|---|---|---|
| ofpayment of fine | |||
| 458 IPC | Ten Years’ S.I. | Rs.5,000/- | Two Months’ Additional S.I. |
| 323 IPC | One Year’s S.I. | Rs. 1,000/- | Fifteen Days’ Additional S.I. |
| 3(2)(V) of | Life | Rs. 10,000/- | Four Months’ |
| SC/ST Act | Imprisonment | Additional S.I. | |
| 3(2)(Va) of | One Year’s S.I. | Rs. 1,000/- | Fifteen Days’ |
| SC/ST Act. | Additional S.I. |
Learned counsel for the appellant-applicant has argued that the trial court has grossly erred in convicting and sentencing the appellant-applicant for the offence under Section 3(2)(V) of the SC/ST Act. It is submitted that from the narration in the FIR as well as from the statements of the prosecution witnesses, it is clear that the appellant-applicant entered into the house without any preparation to conceal his identity, however, the learned trial court has failed to take into consideration the said aspect of the matter and has illegally convicted and sentenced the appellantapplicant for the offence under Section 3(2)(V) of the SC/ST Act vide judgment impugned. It is further submitted that the injury on the body of the injured person is simple in nature. It is also submitted that during trial, the appellant-applicant was on bail and hearing of the appeal is likely to take time. It is, thus, prayed that the sentences awarded to the appellant-applicant by the trial court may be suspended.
Per contra, learned Public Prosecutor has opposed this
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application for suspension of sentence.
Taking into consideration the overall facts and circumstances of the case and without expressing any opinion on the merits of the case, we are inclined to suspend the sentence awarded to the appellant-applicant.
Accordingly, this application for suspension of sentence filed under Sec.389 Cr.P.C. is allowed and it is ordered that the sentence passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Hanumangarh vide judgment dated 14.09.2023 in Sessions Case No.112/2018 (CIS No.112/2018) against appellant-applicant - Manga Singh S/o Major Singh shall remain suspended till final disposal of the appeal, 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 16.01.2024 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:-
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The learned trial Court shall keep the record of attendance of the accused-appellant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accusedappellant 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 accused-appellant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.
(MUNNURI LAXMAN),J
(VIJAY BISHNOI),J
27-DivyaTak/-
1 issue framed by the court
Whether the sentence awarded by the trial court may be suspended during the pendency of the appeal.
1 provisions across 1 enactments
Manga Singh
State Of Rajasthan
Sahi Ram
Vijay Bishnoi
Munnuri Laxman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
