Rajasthan High Court - Jodhpur
Smt. Laxmi vs State Of Rajasthan on 17 August, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 727/2023
Smt. Laxmi W/o Partha, Aged About 40 Years, R/o Bank Wali
Gali Kanpur Pratap Nagar PS Tehsil Girva Dist. Udaipur
(Lodged In Central Jail Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. J.S. Deora
For Respondent(s) : Mr. S.K. Bhati, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
17/08/2023
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment
dated 27.06.2023 passed by learned Additional Sessions
Judge, No.4, Udaipur in Sessions Case No.51/2018 whereby
the appellant was convicted and sentenced to suffer
maximum punishment of three years simple imprisonment
along with compensation fine of Rs.5,000/- under Section
212 IPC as well as Section 216 of the IPC.
2. Learned counsel for the petitioner submits that no clinching
and concrete evidence has been adduced on behalf of the
prosecution to establish the fact that the appellant was
aware that the guest to whom she provided shelter had
committed an offence. It is further submitted that in order to
convict an accused for the accusation of harboring, it has to
(2 of 3) [SOSA-727/2023]
be established that the accused was knowing the fact
regarding commission of the crime. It is also contended that
the learned trial Judge has not appreciated the correct, legal
and factual aspects of the matter and thus, reached at an
erroneous conclusion of guilt, therefore, the same is required
to be appreciated again by this Court being the first
appellate Court. Hearing of the appeal is likely to take long
time, therefore, the application for suspension of sentence
may be granted.
3. Per contra, learned public prosecutor has vehemently
opposed the prayer made by learned counsel for the
accused-applicant for releasing the appellant on application
for suspension of sentence.
4. Heard learned counsel for the parties and perused the
material available on record.
5. The submissions made on behalf of the accused appellant
seem to be luring and further appreciation of evidence is
required in the matter. Looking to the totality of facts and
circumstances of the case, while refraining from passing any
comments on the niceties of the matter and the defects of
the prosecution as the same may put an adverse effect on
hearing of the appeal, this court is of the opinion that it is a
fit case for suspending the sentence awarded to the accused-
appellant.
6. Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that
the sentence passed by earned Additional Sessions Judge,
No.4, Udaipur in Sessions Case No.51/2018 against the
(3 of 3) [SOSA-727/2023]
appellant-applicant Smt. Laxmi W/o Partha 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 18.09.2023 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 applicant 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(s), they will give in writing their
changed address to the trial Court.
(FARJAND ALI),J
255-Ashutosh/-
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