Ramchandro vs State Of Rajasthan
2022 Latest Caselaw 12029 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 723/2022 in D.B. Criminal Appeal No.51/2022 Smt. Ramchandrao W/o Shri Mohar Singh, Aged 60 Years, R/o Devasar, Tehsil Sardarsahar, District Churu. (At Present Lodged In Open Air Camp, Bichwal, Bikaner)

----Petitioner Versus State of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Kalu Ram Bhati For Respondent(s) : Mr. R.R. Chhaparwal, PP Mr. K.R. Saharan

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE FARJAND ALI Order 29/09/2022

Heard learned counsel for the parties on the application for

Suspension of Sentence (Appeal) No. 723/2022.

The instant application for suspension of sentence has been

preferred by the appellant-applicant, who has been convicted and

sentenced by the learned Additional Sessions Judge, Churu in

Sessions Case No.07/2013 (38A/2012) vide judgment dated

15.01.2020. The appellant-applicant has been sentenced as

under :-

Offence U/s         Sentence               Fine                   Fine Default in
                                                                  sentence
302 IPC             L.I.                   5,000/-                -
498A IPC            03 years' R.I.         1,000/-                3 months' S.I.
304B IPC            L.I.                   -                      -
316 IPC             10 years' R.I.         2,000/-                6 months' S.I.



                                         (2 of 3)                [SOSA-723/2022]

Learned counsel for the appellant-applicant has argued that

the trial court has grossly erred in convicting and sentencing the

appellant-applicant vide impugned judgment. It is submitted that

the F.I.R. in the matter is delayed and the so called eye-witness

Dula Ram (PW-3) was not present at the scene of crime. It is also

submitted that no credible evidence regarding cruelty or demand

of dowry at the instance of the appellant-applicant is produced by

the prosecution. It is further submitted that the appellant-

applicant is more than 60 years of age and she is behind the bars

for more than 10 years. Learned counsel has also submitted that

there is every likelihood that hearing of the appeal is likely to take

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

appellant-applicant by the trial court may be suspended.

Having heard learned counsel for the parties; after carefully

scrutinizing the record of the case and taking into consideration

the custody period of the appellant-applicant, this Court is inclined

to suspend the sentence awarded to the appellant-applicant by the

trial court vide judgment impugned.

Accordingly, the application for Suspension of Sentence

(Appeal) No.723/2022 filed under Section 389 Cr.P.C. is allowed

and it is ordered that the substantive sentence passed by the

learned Additional Sessions Judge, Churu vide judgment dated

15.01.2020 in Sessions Case No.07/2013(38A/2012) against

appellant-applicant Smt. Ramchandrao W/o Shri Mohar Singh 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

(3 of 3) [SOSA-723/2022]

learned trial Judge for her appearance in this Court on 02.11.2022

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 his 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

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


                                    29-amit/-









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