Heard learned counsel for the applicant, learned Public Prosecutor for the State. We have carefully gone through the judgment and order impugned.
This application for suspension of sentence is filed by the applicant, who has been convicted and sentenced vide judgment dated 1.12.2018 passed by
the Additional Sessions Judge, Jodhpur District, Jodhpur in Sessions Case No.56/15 (78/14) for the offences under Sections 148, 323, 341, 302/149,
454, 364 and 201 IPC.
Learned counsel for the applicant submitted that the case against the applicant is not distinguishable from the case as against the accused Babu Lal
who has already been acquitted by this Court vide judgment dated 15.4.2010 passed in D.B. Criminal Appeal No.621/2005. It is submitted that for the
parity of the reasons for which the presence of Babu Lal was not accepted by this Court at the time of incident, the presence of applicant also cannot
be believed and thus, the trial court has erred in rejecting the plea of alibi raised by the applicant. No specific overt-act whatsoever is assigned to the
applicant. That apart, it is submitted that the other co-accused Ram Chandra and Bhagaram whose conviction and sentence was upheld by a bench of
this Court vide judgment dated 15.4.2010 preferred a Special Leave to Appeal No.3278/2011 before the Hon’ble Supreme Court and therein after
granting the leave, the substantive sentence awarded to them has already been suspended by the Supreme Court vide order dated 20.5.2011.
Thus, taking into consideration the facts and circumstances of the case, we consider it appropriate to suspend the substantive sentences awarded to
the accused-applicant. Hence, this application for suspension of sentence preferred by the applicant is allowed and it is ordered that the substantive
sentence passed by Additional Sessions Judge, Jodhpur District, Jodhpur vide his judgment dated 01.12.2018 in Sessions Case No.56/2015(78/14)
against the applicant Mangla Ram S/o Rugha Ram shall remain suspended till the final disposal of the main appeal provided he executes a personal
bond in the sum of Rs.50,000/- along with two sureties in the sum of Rs.25,000/- each to the satisfaction of learned trial court for his appearance in
this court on 14.10.2019 and subsequently before the trial court on the following conditions:-
1. That he will appear before the trial court in the month of January every year till the appeal is decided.
2. That if the appellant-applicant changes the place of residence, he will give the changed address in writing to the trial court, High Court as well as to
his counsel in the High Court.
3. Similarly if sureties change their addresses, they will give in writing their changed addresses to the trial court.
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 the Sessions 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. 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 does not appear before the trial court, the learned trial court Judge shall report the matter to the High Court for cancellation of
bail.
