Rajasthan High Court - Jodhpur
Premchand vs State on 11 October, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1455/2022
1. Premchand S/o Kesa Bhajat, Aged About 38 Years, R/o
Vill. Dharti Devi Ps Falasiya Dsit. Udaipur Raj. (Presently
Lodged In Central Jail Udaipur)
2. Mangla S/o Uda Bhajat, Aged About 52 Years, R/o Vill.
Dharti Devi Ps Falasiya Dsit. Udaipur Raj. (Presently
Lodged In Central Jail Udaipur)
3. Rekha Devi W/o Premchand Bhajat, Aged About 35 Years,
R/o Vill. Dharti Devi Ps Falasiya Dsit. Udaipur Raj.
(Presently Lodged In Central Jail Udaipur)
4. Surta Devi W/o Premchand Bhajat, Aged About 40 Years,
R/o Vill. Dharti Devi Ps Falasiya Dsit. Udaipur Raj.
(Presently Lodged In Central Jail Udaipur)
----Appellants
Versus
State, Through Pp
----Respondent
For Appellant(s) : Mr. Shambhoo Singh
For Respondent(s) : Mr. Mohd. Javed Gauri, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
11/10/2022
Admit.
Record has already been received.
Heard learned counsel for the parties on application seeking
suspension of sentence no.841/2022.
Counsel for the appellant submits that appellants no.3 & 4
both are ladies and were on anticipatory bail during trial.
Counsel for the appellant has shown statements of PW-6
Saju Ram, who is injured witness and PW-2 Lokesh.
(Downloaded on 11/10/2022 at 08:16:11 PM)
(2 of 3) [CRLAS-1455/2022]
Learned PP opposed the application.
This Court on conjoint consideration of statements of PW-2 &
PW-6; as also taking into consideration the fact that the
appellants no.3 & 4 are ladies and their role of not causing the
actual incident and both being on anticipatory bail during trial, is
inclined to grant bail.
Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentences awarded to
appellant/s - (1) Rekha Devi W/o Premchand Bhajat and (2)
Surta Devi W/o Premchand Bhajat by the learned Additional
Sessions Judge No.2, Udaipur vide judgment dated 08.09.2022 in
Sessions Case No.50/2017 (CIS No.157/2017) shall remain
suspended till final disposal of aforesaid appeal provided each of
them executes a personal bond for a sum of Rs.50,000/-
alongwith two solvent sureties in the sum of Rs.25,000/- each to
the satisfaction of learned trial court for their appearance before
this Court on 17.11.2022 and whenever called upon 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(s) 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
(Downloaded on 11/10/2022 at 08:16:11 PM)
(3 of 3) [CRLAS-1455/2022]
as Criminal Misc. Case related to original case in which the
accused-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.
(DR.PUSHPENDRA SINGH BHATI), J.
238-Sanjay/-
Powered by TCPDF (www.tcpdf.org)
