Allowed

Mangu Singh v. State of Rajasthan

Rajasthan HC25 May 2023SOSA/548/2023

Case brief

AI extract

What is this about?

In a suspension of sentence application, the High Court allowed the suspension of the appellant's six-month sentence and release on bail conditioned upon appearance in court until the conclusion of the appeal, noting the appeal would take a long time. The court refrained from commenting on the merits of the conviction.

What did the court decide?

Sentence suspended; release on bail with personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each until disposal of appeal.

Mangu Singh Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023/RJJD/017436]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 548/2023

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S.B. Criminal Appeal No. 794/2023

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Mangu Singh S/o Shaitan Singh, Aged About 56 Years, W.No. 01, Parbatsar, Dist. Nagaur.

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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. Pratap Singh For Respondent(s) : Mr. A. R. Choudhary, PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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25/05/2023

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The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 09.05.2023 passed by learned Special Judge, SC/ST Act Cases, Merta District Nagaur in Sessions Case No.260/2014 whereby he was convicted and sentenced to suffer maximum punishment of six months simple imprisonment along with compensation fine of Rs.1,000/under Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act and lesser punishment for the other offences punishable under Sections 323 and 341 of IPC.

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It is contended 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,

[2023/RJJD/017436]

[SOSA-548/2023]

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therefore, the same is required to be appreciated again by this Court being the first appellate Court. Hearing of the appeal is likely to take long time, therefore, the application for suspension of sentence may be granted.

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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.

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Heard learned counsel for the parties and perused the material available on record.

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Looking to the term of sentence awarded to the appellant, this Court is of the view that the same should be suspended. Considering the totality of facts and circumstances of the case, more particularly the fact that hearing of appeal is likely to take further more time and considering the overall submissions 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.

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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 sentence passed by learned Special Judge, SC/ST Act Cases, Merta District Nagaur in Sessions Case No.260/2014 against the appellant-applicant Mangu Singh S/o Shaitan Singh 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

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[2023/RJJD/017436]

[SOSA-548/2023]

sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this Court on 23.06.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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That he 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 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.

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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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(FARJAND ALI),J

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241-Ashutosh/-

Mangu Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mangu Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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