Ashi vs State Of Rajasthan ...
2023 Latest Caselaw 3275 Raj

[2023/RJJD/010809]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 94/2023

1. Ashi W/o Nanu Ram, Aged About 69 Years, Riddi, Teh.

Sridungargarh, Dist. Bikaner (Raj.). (At Present Lodged In Central Jail Bikaner).

2. Parmeshwari W/o Rameshwar, Aged About 63 Years, Riddi, Teh. Sridungargarh, Dist. Bikaner (Raj.). (At Present Lodged In Central Jail Bikaner).

3. Sohani W/o Prabhu Ram, Aged About 65 Years, Riddi, Teh. Sridungargarh, Dist. Bikaner (Raj.). (At Present Lodged In Central Jail Bikaner).

4. Rami W/o Arjun Ram, Aged About 63 Years, Riddi, Teh.

Sridungargarh, Dist. Bikaner (Raj.). (At Present Lodged In Central Jail Bikaner).

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

----Respondent

For Petitioner(s) : Mr. Sandeep Saruparia Mr. Amardeep Lamba For Respondent(s) : Mr. R.R. Chhaparwal, P.P.

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

Order

19/04/2023

Heard learned counsel for the appellants/applicants and

learned Public Prosecutor on the application for suspension of

sentences.

Learned counsel for the appellants/applicants submits that

appellants/applicants were on bail during trial. It is further

submitted that appellant/applicant No.1 is 69 years of age,

[2023/RJJD/010809] (2 of 3) [SOSA-94/2023]

appellant/applicant No.2 is 63 years of age, appellant/applicant

No.3 is 65 years of age and appellant/applicant No.4 is 63 years of

age. It is also submitted that there are omnibus allegation levelled

against the applicants.

Learned Public Prosecutor has opposed the suspension of

sentence application.

Looking into the age of the appellants/applicants and the

dilution in bail parameters carved out for the females in the Code

of Criminal Procedure as well as the fact that the

appellants/applicants were on bail during trial and upon a

consideration of the arguments advanced on behalf of the

appellants and having regard to the facts and circumstances of the

case, this Court is of the opinion that it is a fit case for suspending

the sentences awarded to the accused appellants/applicants.

Accordingly, the application for suspension of sentence filed

under Section 389 Cr.P.C. is allowed and it is ordered that the

sentences passed by the learned Additional Sessions Judge No.3,

Bikaner vide judgment dated 20.01.2023 in Sessions Case

No.11/2022 against the appellant-applicants Ashi W/o Nanu

Ram, Parmeshwari W/o Rameshwar, Sohani W/o Prabhu

Ram and Rami W/o Arjun Ram shall remain suspended till final

disposal of the aforesaid appeal and they shall be released on bail,

provided they execute 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 their appearance in this court on

23.05.2023 and whenever ordered to do so till the disposal of the

appeal on the conditions indicated below:-

[2023/RJJD/010809] (3 of 3) [SOSA-94/2023]

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 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

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.

(PRAVEER BHATNAGAR),J (DR. PUSHPENDRA SINGH BHATI),J

23-Taruna/-

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