Rajasthan High Court - Jodhpur
Chandri Devi vs State Of Rajasthan ... on 5 December, 2023
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
[2023:RJ-JD:42187-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1406/2023
Smt. Chandri Devi wife of Ghishu Lal, aged 48 years resident of
Kanvlas, Asind Police Station, Bhilwara, District Bhilwara.
(Lodged in Central Jail Ajmer)
----Petitioner
Versus
1. State of Rajasthan, through PP.
2. Nand Lal son of Sri Ram Gurjar, resident of Kanvlas, Asind
Police Station, Bhilwara, District Bhilwara.
----Respondents
For Petitioner(s) : Mr. Tirath Raj Singh Sodha
For Respondent(s) : Mr. B.R. Bishnoi, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
05/12/2023
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, Gulabpura,
District Bhilwara vide judgment dated 02.09.2023 in Sessions
Case No.07/2020. The appellant-applicant has been sentenced as
under :-
Offence U/s Sentence Fine Sentence in default
of payment of fine
302/34 IPC Life Rs. 50,000/-
Imprisonment
[2023:RJ-JD:42187-DB] (2 of 4) [SOSA-1406/2023]
323/34 IPC Six months S.I. Rs 5,000/- 15 days additional
S.I.
341 IPC One month S.I. Rs.500/- 5 days additional S.I.
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. Learned counsel has
submitted that no clear evidence is available on record against the
appellant-applicant Smt. Chandri Devi, but despite that, the trial
court has convicted and sentenced her. Learned counsel for the
appellant-applicant, while inviting our attention towards the
statement of P.W.2 Manoj, has argued that the said witness, who
allegedly accompanying the deceased at the time of incident, has
not specifically levelled allegation against the appellant-applicant
but has levelled allegation against co-accused Ghishu Lal and
others of inflicting injuries on the body of the deceased.
Learned counsel has invited our attention towards the
statement of P.W.4 Dr. Nagendra Pal Singh and argued that from
his evidence, it is clear that the deceased suffered injuries in the
accident and not by assault. Learned counsel has further
submitted that appellant-applicant Smt. Chandri Devi was on bail
during trial and she did not misuse the liberty of bail and 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.
Learned Public Prosecutor has opposed this application for
suspension of sentence.
[2023:RJ-JD:42187-DB] (3 of 4) [SOSA-1406/2023]
Having heard learned counsel for the parties and after
scrutinizing the record of the case and particularly taking into
consideration the statements of P.W.-2 Manoj and P.W.-14
Nagendra Pal Singh, without commenting on the merits of the
case, we are inclined to suspend the sentence awarded to the
appellant-applicant.
Accordingly, this application for suspension of sentence filed
under Sec.389 Cr.P.C. is allowed and it is ordered that the
sentence passed by the learned Additional Sessions Judge,
Gulabpura, District Bhilwara vide judgment dated 02.09.2023 in
Sessions Case No.07/2020 against appellant-applicant
Smt. Chandri Devi wife of Ghishu Lal shall remain suspended
till final disposal of the 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 11.01.2024 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.
[2023:RJ-JD:42187-DB] (4 of 4) [SOSA-1406/2023]
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.
(MUNNURI LAXMAN),J (VIJAY BISHNOI),J
35-AnilKC/-
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