Monika @ Munni vs State Of Rajasthan
2022 Latest Caselaw 12028 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 547/2022

1. Monika @ Munni D/o Hari Singh W/o Rakesh, Aged About 26 Years, R/o Punraas Taranagar Churu At Present Sardargadhiya Ps Gogamedi Dist. Hanumangarh (At Present lodged in Sub Jail Bhadra)

2. Hari Singh S/o Ramjilal, aged about 58 years, resident of Sardargadhiya, P.S. Gogamedi, District Hanumangarh (At present lodged in Sub Jail, Bhadra)

----Appellants Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Mahaveer Bhanwariya For Respondent(s) : Mr. B.R. Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE FARJAND ALI

Order

29/09/2022

At the outset, learned counsel has submitted that he does

not want to press the application for suspension of sentence

preferred on behalf of appellant-applicant Hari Singh S/o

Ramjilal.

In view of the above, the application for suspension of

sentence preferred on behalf of appellant-applicant Hari Singh

S/o Ramjilal is dismissed as not pressed.

So far as appellant-applicant Monika @ Munni D/o Hari

Singh W/o Rakesh is concerned, learned counsel has submitted

that the allegation levelled against her of murder of her real sister

is absolutely false. It is further submitted that the prosecution has

(2 of 4) [SOSA-547/2022]

failed to produce credible evidence to prove that the appellant-

applicant along with other co-accused person has committed

murder of her real sister. It is also submitted that the prosecution

has also failed to prove that the appellant-applicant was having

any motive to commit the crime. It is further submitted that the

husband of the appellant-applicant, in his court statement, has

specifically stated that there was no dispute between the

appellant-applicant and the deceased.

Learned counsel has, therefore, submitted that the trial court

has convicted and sentenced the appellant-applicant without their

being any credible evidence. It is also submitted that the

appellant-applicant is having two minor children and she is also

having responsibility to look after the two minor children of her

deceased sister. It is further submitted that the appellant-applicant

was on bail during trial and there is every likelihood that hearing

of the appeal may take time.

It is, thus, prayed that the sentence awarded to the

appellant-applicant Monika @ Munni D/o Hari Singh W/o

Rakesh may be suspended.

Learned Public Prosecutor has opposed the application for

suspension of sentence.

Having heard learned counsel for the parties; after

scrutinizing the record and taking into consideration the fact that

the husband of the appellant-applicant and husband of the

deceased PW 2 and 3 respectively have specifically stated that

there was no dispute between the appellant-applicant as well as

the deceased, this Court is inclined to suspend the sentence

awarded to the appellant-applicant Monika @ Munni D/o Hari

Singh W/o Rakesh.

(3 of 4) [SOSA-547/2022]

Accordingly, the application for Suspension of Sentence

(Appeal) preferred on behalf of Monika @ Munni D/o Hari

Singh W/o Rakesh under Sec.389 Cr.P.C. is allowed and it is

ordered that the substantive sentence passed by the Additional

Sessions Judge, Bhadra, Distt. Hanumangarh vide judgment dated

31.05.2022 in Sessions Case No.37/2017 against appellant-

applicant Monika @ Munni D/o Hari Singh W/o Rakesh shall

remain suspended till final disposal of the aforesaid appeal

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 01.11.2022

and whenever ordered to do so, till the disposal of the appeal on

the conditions indicated below:-

1. That she will appear before the trial Court in the

month of January of every year till the appeal is

decided.

2. That if the appellant changes the place of

residence, she will give in writing her changed

address to the trial Court as well as to the counsel

in the High Court.

3. Similarly, if the sureties change their address,

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-appellant in a separate file. Such file be registered as

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

appellant was tried and convicted. A copy of this order shall also

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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-appellant 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                                              (VIJAY BISHNOI),J
                                    27-Arun/-









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