Kashnoor W/O Alam Chaudhary vs State Of Rajasthan
2022 Latest Caselaw 172 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR
     D.B. Criminal Misc. Fourth Application for Suspension of
                       Sentence No.81/2021
                                       IN

               D.B. Criminal Appeal No. 297/2018

Kashnoor W/o Alam Chaudhary Musalman, R/o Julmi Road Ward
No. 2 Suket P.s. Suket Distt. Kota (At Present Confined At
Central Jail Kota)
                                                                   ----Appellant
                                    Versus
State Of Rajasthan, Through P.p.
                                                                 ----Respondent

For Appellant(s)          :     Mr. Syed Shahid Hasan
For Respondent(s)         :     Mr. Javed Choudhary, Addl. Govt. Adv.



           HON'BLE MR. JUSTICE PANKAJ BHANDARI

HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Judgment / Order

07/01/2022

1. Accused-appellant has preferred this fourth application for

suspension of sentence.

2. Heard on application for suspension of sentence.

3. It is contended by counsel for the appellant that the

appellant was on bail during trial. It is also contended that the

F.I.R. was lodged on parchabayan of the deceased, wherein she

has stated that she poured kerosene on herself and put herself on

fire. In the statement recorded before the Magistrate also she has

not stated that the present appellant was involved in the offence

rather she has stated that appellant took her to the hospital. It is

further contended that the appellant is a female, aged sixty years

(2 of 2) [SOSA-81/2021]

who was on bail during trial.

4. Learned Additional Government Advocate has opposed the

fourth application for suspension of sentence.

5. We have considered the contentions.

6. Taking note of the fact that the appellant has remained in

custody for a period of three years and five months also taking

note of the fact that neither in the parchabayan nor in the

statement recorded under Section 164 of Cr.P.C., there was

allegation with regard to commission of offence against the

present appellant and also looking to the age of the appellant, we

deem it proper to allow the fourth application for suspension of

sentence.

7. Accordingly, this fourth application for suspension of

sentence is allowed. It is ordered that the sentence awarded to

accused-applicant in Sessions Case No.26/2016 C.I.S. No.79/2016

shall remain suspended if the appellant furnishes a personal bond

of Rs.1,00,000/- (Rupees One Lac only) together with two sureties

in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to

the satisfaction of the learned trial Court to the effect that he shall

appear before this Court as and when called upon to do so.

(CHANDRA KUMAR SONGARA),J (PANKAJ BHANDARI),J

ARTI SHARMA /5

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