Parsi Devi vs State Of Rajasthan ...
2023 Latest Caselaw 2823 Raj

[2023/RJJD/008992]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 951/2022

In D.B. Criminal Appeal No.146/2022

Parsi Devi W/o Ashok, Aged About 33 Years, R/o Tilwasani, Police Station Bilara, District Jodhpur.

(At Present Confined In Central Jail, Jodhpur)

----Petitioner Versus The State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Laxman Bishnoi For Respondent(s) : Mr. R.R. Chharparwal, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

Order

06/04/2023

Heard learned counsel for the parties on the application for

suspension of sentence.

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, Bilara,

District Jodhpur (for short, "the trial Court") vide judgment dated

08.09.2022 in Sessions Case No.75/2020.

Learned counsel for the appellant-applicant has submitted

that the trial Court has grossly erred in convicting and sentencing

the appellant-applicant vide impugned judgment.

It is argued that the prosecution has failed to produce any

[2023/RJJD/008992] (2 of 4) [SOSA-951/2022]

direct evidence to prove the guilt of the appellant-applicant. It is

submitted that the trial Court has convicted the appellant-

applicant solely on the basis of circumstantial evidence i.e. the last

seen, however, the said evidence is also not conclusive in nature

to held the appellant-applicant guilty for commission of crime. It is

also submitted that the prosecution has failed to prove the motive

of the appellant-applicant to commit the crime. Learned counsel

has further submitted that the appellant-applicant was on bail

during trial and till date, she has served out sentence of above

four years.

Learned Public Prosecutor has opposed the application for

suspension of sentence and argued that the appellant-applicant is

guilty of committing murder of a minor girl, therefore, the

sentence awarded to the appellant-applicant may not be

suspended.

Heard learned counsel for the parties and scrutinized the

record.

It is true that the learned trial Court has convicted and

sentenced the appellant-applicant on the basis of last seen

evidence only, however, the prosecution has failed to produce any

direct evidence against the appellant-applicant. The appellant-

applicant is a lady and she was on bail during trial.

Taking into consideration the fact that till date, the appellant-

applicant has served sentence of above four years and having

considered the totality of facts and circumstances of the case,

without committing on the merits of the case, we consider it just

[2023/RJJD/008992] (3 of 4) [SOSA-951/2022]

and proper to suspend the substantive sentence awarded to the

appellant-applicant.

Accordingly, this application for Suspension of Sentence

(Appeal) filed under Sec.389 Cr.P.C. is allowed and it is ordered

that the substantive sentence passed by the learned trial Court

vide judgment dated 08.09.2022 in Sessions Case No.75/2020

against appellant-applicant Parsi Devi W/o Ashok 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 15.05.2023 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

[2023/RJJD/008992] (4 of 4) [SOSA-951/2022]

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.

(RAJENDRA PRAKASH SONI),J (VIJAY BISHNOI),J

11-Hanuman/-

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