Rajasthan High Court - Jodhpur
Saroj @ Babu Devi vs State Of Rajasthan ... on 19 April, 2023
Bench: Pushpendra Singh Bhati, Praveer Bhatnagar
[2023/RJJD/010835]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 262/2023
Saroj @ Babu Devi W/o Mahendra Kumar, Aged About 45 Years,
B/c Bishnoi R/o 6Jm Tehsil Anoopgarh Dist. Sriganganagar Raj.
(Present Lodged In Central Jail Sri Ganganagar)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. I.R. Choudhary
For Respondent(s) : Mr. R.R. Chhaparwal, P.P.
Mr. S.R. Godara, for the complainant
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
19/04/2023
Heard learned counsel for the appellant and learned Public
Prosecutor on the application for suspension of sentences.
Learned counsel for the appellant submits that the appellant
has already faced custody of twelve years including the period of
remission. It is also submitted that main allegation is upon
Mahendra. It is further submitted that name of the appellant was
not shown in the parcha bayan. The appellant is a lady aged about
45 years and therefore, seeks suspension of sentence awarded to
her.
Learned Public Prosecutor as well as counsel for the
complainant have opposed the suspension of sentence application.
Learned Public Prosecutor has furnished the custody report which
[2023/RJJD/010835] (2 of 3) [SOSA-262/2023]
shows that appellant is in custody for about twelve years including
remission.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
of the case, it seems from the record that main role is attributed
to Mahendra and not against the appellant and considering the
fact that appellant has faced the custody of twelve years including
remission and also keeping into consideration the fact that the
appellant/applicant is a 45 years old lady, this Court is of the
opinion that it is a fit case for suspending the sentences awarded
to the accused appellant.
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, Raisinghnagar, District Sriganganagar vide
judgment dated 30.09.2015 in Sessions Case No.12/2013 against
the appellant-applicant Saroj @ Babu Devi W/o Mahendra
Kumar shall remain suspended till final disposal of the aforesaid
appeal and she shall be released on bail, 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 23.05.2023 and whenever ordered
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
[2023/RJJD/010835] (3 of 3) [SOSA-262/2023]
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
25-Taruna/-
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