Rajasthan High Court
Smt. Kailashi Wife Of Babla @ ... vs State Of Rajasthan on 27 August, 2022
Bench: Kuldeep Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Suspension of Sentence Application No.970/2022
in
S.B. Criminal Appeal No. 1507/2022
1. Smt. Kailashi Wife Of Babla @ Ramkesh, Aged About 43
Years, Resident Of Dabar Paldi, Police Station Ramgarh
Pachwara, District Dausa (Raj) (At Present In Mahila
Central Jail, Jaipur)
2. Chiranjilal Son Of Ramsi, Aged About 32 Years, Resident
Of Basna, Police Station Nangal Rajavtan, District Dausa
(Raj) (At Present In District Jail Dausa)
----Appellants
Versus
State Of Rajasthan, Through P.p
----Respondent
For Appellant(s) : Mr. Vishram Prajapati
For Respondent(s) : Mr. Rajendra Yadav, GA cum AAG
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
27/08/2022
Heard on the application for Suspension of Sentence.
Learned counsel for the appellants has pointed out from the
judgment and record that the appellants have been falsely
implicated in the present case and they are in judicial custody
since long. Learned counsel for the appellants further submits that
according to the impugned judgment dated 01.08.2022, the
present appellants have been convicted for the offence under
Section 3/8(1) of Rajasthan Bovine Animal (Prohibition of
Slaughter and Regulation of Temporary Migration of Export) Act,
1995 and Section 4/25 of Arms Act.
(2 of 3) SOSA-970/2022
Learned Public Prosecutor opposes the Suspension of
Sentence application.
Heard learned counsel for the parties and the material
available record.
Since, the appellants are in custody since long and final
adjudication of the present appeal is likely to take time, this Court
deems it appropriate to grant the suspension of sentence.
Accordingly, the present Suspension of Sentence application
is allowed and it is ordered that the substantive sentence passed
by the trial court vide judgment dated 01.08.2022 in Sessions
Case No.79/2017 against appellants- 1.Smt. Kailashi Wife Of
Babla @ Ramkesh 2.Chiranjilal Son Of Ramsi shall remain
suspended till final disposal of the aforesaid appeal provided they
execute a personal bond in a sum of Rs.50,000/- with two sureties
of Rs.25,000/- each to the satisfaction of the learned trial Judge
for their appearance in this Court on 28.09.2022 and whenever
ordered to do so, till the disposal of the appeal on the conditions
indicated below:-
1. That they will appear before the trial Court in
the month of January of every year till the
appeal is decided.
2. That if the appellants change the place of
residence, they will give in writing they
changed address to the trial Court as well as
to the counsel in the High Court.
3. Similarly, if the sureties change their
addresses, they will give in writing their
changed address to the trial Court.
(3 of 3) SOSA-970/2022
The learned trial Court shall keep the record of attendance of
the accused-appellants in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-appellants were 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-appellants do not appear before the trial court, the
learned trial Judge shall report the matter to this Court for
cancellation of bail.
(KULDEEP MATHUR),J
CHHAYA AWASTHI /32
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