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2025 DAILYLAW 38594 (RAJ)

MADAN LAL S/O KANARAM v. STATE OF RAJASTHAN

SOSA/1801/2025 · 2025-10-16

Anoop Kumar Dhand

Criminal Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.1801/2025 In S.B. Criminal Appeal (SB) No. 2421/2025 Madan Lal S/o Kanaram, R/o Tokda Road Pech Ki Bawri, Police Station Hindoli, District Bundi (Raj.) (At Present Confined In District Jail, Bundi) ----Appellant Versus State Of Rajasthan, Through P.P. ----Respondent For Appellant(s) : Mr. Praveen Kumar Jain For Respondent(s) : Mr. Amit Punia, Addl.GA/PP JUSTICE ANOOP KUMAR DHAND Order 16/10/2025 1. Counsel for the appellant submits that as per the parcha bayan of the deceased, the accused persons inflicted injury on the pelvis region of the deceased. Counsel submits that as per the statements of Doctors PW-15 Surendra Kumar and PW-16 Ramgopal, the cause of death of the deceased is because of heard disease, liver disease, lungs disease, kidney disease and the injury received on pelvis region. Counsel submits that the appellant was bail during the course of trial and disposal of the appeal is bound to take time, so the sentence of the appellant be suspended till disposal of the appeal. 2. Per contra, learned Public Prosecutor has opposed the suspension of sentence application. (2 of 3) [CRLAS-2421/2025] 3. Heard and considered the submissions made at the Bar and perused the material available on record. 4. Considering the arguments put forward by the counsel for the appellant and looking to the fact that as per the statements of Doctors PW-15 Surendra Kumar and PW-16 Ramgopal, the cause of death of the deceased is because of heard disease, liver disease, lungs disease, kidney disease and the injury received on pelvis region and also looking to the fact that the appellant was bail during the course of trial and disposal of the appeal is bound to take time, therefore, this Court is of the opinion that it is a fit case for suspending the sentence awarded to the accused-appellant. 5. 5. Accordingly, the application for suspension of sentence filed by the applicant is allowed and the sentence awarded by the Court of Special Judge, SC/ST (Prevention of Atrocity) Cases, Bundi vide judgment dated 28.08.2025 in Sessions Case No.54/2017 against the appellant Madan Lal S/o Kanaram shall remain suspended till final disposal of the aforesaid appeal, subject to the condition that the appellant shall deposit the fine amount, as imposed by the Trial Court and he shall be released on bail provided he executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Court for appearance before this Court on 17.11.2025 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:- (3 of 3) [CRLAS-2421/2025] 1. That he shall appear before the trial Court in the month of January of every year till the appeal is decided. 2. That if the applicant changes the place of residence and mobile number, he will give in writing his changed address and mobile number to the trial Court as well as to the counsel in the High Court. 3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court. 4. Appellant shall deposit a fine amount as imposed by the learned trial Court. 5. In case the applicant-appellant is found involved in committing and repeating the same offence again, the State/complainant would be at liberty to move application for cancellation of bail. 6. The learned trial Court shall maintain the record of attendance of the accused-appellant in a separate file. Such file be registered as Criminal Misc. Case relating to the original case in which the accused-appellant was tried and convicted. A copy of this order shall also be placed in that file for ready reference. Such Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. 7. In case the said accused-appellant does not appear before the trial court and commit any default, the learned trial Judge shall report the matter to the High Court for cancellation of bail. (ANOOP KUMAR DHAND),J KuD/24