Allowed

Mangturam v. State of Rajasthan

Rajasthan HC4 Jan 2023SOSR/445/2022

Case brief

AI extract

What is this about?

High Court allowed a Criminal Misc. application for suspension of sentence under Section 389 Cr.P.C. given the petitioner is on bail during a concurrent trial and the revision disposal will take time, ordering his release on bail with a personal bond and sureties.

What did the court decide?

Suspension of sentences passed by the trial court until final disposal of the revision petition; release on bail requiring execution of a personal bond of Rs. 50,000 with two sureties.

Mangturam Vs State of Rajasthan — Criminal Trial and Appeal | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. (Suspension of Sentence) Application No.445/2022

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S.B. Criminal Revision Petition No. 1351/2022

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Mangturam S/o Shri Shreeram, Aged About 48 Years, R/o Chak 06 Rwm, Police Station Rawatsar, District Hanumangarh. (Presently Lodged In Sub Jail, Nohar)

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----Petitioner

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Versus

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1.	State Of Rajasthan,Through Pp
2.	Laduram S/o Shri Bhanigr, R/o Ward No. - 05, Rawatsar,
	District Hanumangarh.

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----Respondents

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For Petitioner(s)	: Mr.	Vipin Mankad for Mr. R.C. Joshi
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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04/01/2023

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Heard learned counsel for the applicant-petitioner and learned Public Prosecutor for the State on application for suspension of sentences. Perused the material available on record.

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It is contended by the counsel for the petitionerapplicant that petitioner-Mangturam S/o Shri Shreeram has been convicted for the offences under Sections 457 and 380 IPC and sentenced to undergo one three years’ rigorous imprisonment. Learned counsel further submits that the petitioner-applicant is on bail during trial and disposal of the revision petition will consume time thus, sentence awarded to him may be suspended during pendency of the revision petition.

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(2 of 2)

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[SOSR-445/2022]

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Learned Public Prosecutor has opposed the application for suspension of sentence.

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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 sentences imposed upon the petitionerapplicant is of three years’ imprisonment, and he is on bail during trial, disposal of revision will consume time, therefore, this Court deems it fit and proper to allow the application for suspension of sentence filed by the petitioner-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 Judicial Magistrate, Rawatsar, District Hanumangarh vide judgment dated 22.02.2018 in Criminal Case No.156/10 (CIS No.1545/2014) against the petitionerapplicant Mangturam S/o Shri Shreeram, shall remain suspended till final disposal of the aforesaid revision petition 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.

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(VINOD KUMAR BHARWANI),J

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24-Mamta/-

Mangturam v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mangturam v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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