[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 10^th 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 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 10^th 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 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.