Asha Joshi vs State Of Rajasthan
2022 Latest Caselaw 14290 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 1915/2022

Asha Joshi W/o Rajendra Joshi, Aged About 65 Years, R/o Hanumanji Ki Bhakri Nai Sarak Sojti Gate At Present A.n.m. Sub Health Centre Navra Road Jodhpur (Now Retired)

----Appellant Versus State Of Rajasthan, Through P.p.

                                                                    ----Respondent


For Appellant(s)             :     Mr. Rajendra Singh Shekhawat
For Respondent(s)            :     Mr. AR Malkani for
                                   Mr. M.A. Siddiqui, GA-cum-AAG



              HON'BLE MR. JUSTICE FARJAND ALI

                                        Order

05/12/2022
     Heard.

     Admit.

Issue notice. Learned Public Prosecutor accepts notice on behalf of

the respondent-State.

Call for record.

Heard learned counsel for the appellant and learned public

prosecutor on application of suspension of sentence No.1141/2022.

Learned counsel for the appellant submits that the accused-

appellant was on bail during trial. Thus, learned counsel for the

appellant submits that the sentence awarded to the accused-appellant

may be suspended as the hearing of the appeal will take long time.

Learned Public Prosecutor vehemently opposed the prayer made

by the learned counsel for the accused-appellant.

(2 of 3) [CRLAS-1915/2022]

Upon a consideration of the arguments advanced on behalf of the

appellant and having regard to the facts and circumstances of the case,

this court is of the opinion that it is a fit case for suspending the

sentence awarded to the accused appellant.

Accordingly, the application for suspension of sentence filed under

Section 389 Cr.P.C. is allowed and it is ordered that the sentences

passed by the learned Special Judge, Prevention of Corruption Act No.1,

Jodhpur, vide judgment dated 19.11.2022 in Criminal Sessions Case No.

29/2015 against the appellant-applicant Asha Joshi W/o Rajendra

Joshi shall remain suspended till final disposal of the aforesaid appeal

and she will be released on bail, provided she executes a personal bond

in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to

the satisfaction of the learned trial Judge for her appearance in this

court on 05.01.2023 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.

3. Similarly, if the sureties change their address(s), they

will give in writing their changed address to the trial

Court.

The learned trial Court shall keep the record of attendance of the

accused-applicant(s) in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

(3 of 3) [CRLAS-1915/2022]

applicant(s) was/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

applicant(s) does not appear before the trial court, the learned trial

Judge shall report the matter to the High Court for cancellation of bail.

(FARJAND ALI),J 8-Anshul/-

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