Rajasthan High Court
Kumari Kavita vs State Of Rajasthan Through Pp on 6 April, 2022
Bench: Prakash Gupta, Uma Shanker Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D. B. Cri. Misc. IVth Suspension of Sentence App. No. 409/2021
IN
D.B. Criminal Appeal No. 16/2017
Kumari Kavita D/o Chaitnya Prakash, R/o 12-A, Kabeer Kunj,
Dayal Bagh Near Choudhary Veeri Singh Inter College, PS New
Agra, District Agra, (U.P). At Present She Has Confined In
District Jail, Dholpur.
----Appellant
Versus
State Of Rajasthan Through P.P.
----Respondent
For Appellant(s) : Mr. Sumer Singh, Advocate
For Respondent(s) : Mr. N. S. Gurjar, PP
HON'BLE MR. JUSTICE PRAKASH GUPTA
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
06/04/2022
This fourth application for suspension of sentence has
been filed by the accused-applicant under Section 389 Cr.P.C.
Learned counsel for the appellant submits that the
accused-appellant was convicted by the trial court vide its
judgment dated 24.12.2016 for the offence under Section 302 IPC
read with Section 34 IPC and sentenced to undergo life
imprisonment. He further submits that the accused-appellant was
on bail during trial and he has submitted the certificate under Rule
311 (3) of the Rajasthan High Court Rules, 1952 to this effect. The
accused appellant is in custody since 24.12.2016. Thus, she has
served sentence of more than six years with remission. He further
submits that the disposal of the appeal is likely to take time,
hence sentence awarded to the accused-appellant may be
suspended.
(2 of 2) [IVth SOS No.409/2021 IN CRA NO.-16/2017]
Learned Public Prosecutor appearing for the State has
opposed the same and submits that the first suspension of
sentence application No. 12/2017 filed by the accused-appellant
was dismissed on merits by the Coordinate Bench of this Court
vide order dated 06.02.2017 and the registry was directed to
prepare the paper-book and list the appeal immediately after
preparing the paper-book. Thereafter, second and third
suspension of sentence applications were withdrawn by the
learned counsel for the appellant and the same were dismissed as
withdrawn by the Coordinate Bench of this Court vide order dated
14.08.2020. There is no change in the circumstances of the case
after rejection of second and third suspension of sentence
applications of the accused-appellant. Learned Public Prosecutor
further submits that knife which was said to be used in committing
the murder of the deceased-Sonika, was recovered from the purse
of the accused-appellant. Hence, the sentence of the accused-
appellant should not be suspended.
Taking into consideration overall facts and circumstances of
the case and more particularly in view of the fact that there is no
change in the circumstances after rejection of second and third
suspension of sentence applications of the appellant, we do not
deem it just and proper to allow this fourth suspension of
sentence application.
Accordingly, the fourth application for suspension of sentence
filed by the applicant - Kumari Kavita is dismissed.
(UMA SHANKER VYAS),J (PRAKASH GUPTA),J
MR/Pooja /4
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