Mithlesh Kumari Verma D/O Shri ... vs State Of Rajasthan
2023 Latest Caselaw 158 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

     S.B. Criminal Misc. Suspension of Sentence Application
                          No.1097/2022
                               In
                 S.B. Criminal Appeal No. 1684/2022

Mithlesh Kumari Verma D/o Shri Hukam Chand Kandera D/o Shri
Hukam Chand Kandera, R/o Malarna Chor Police Station Malarna
Doongar District Sawaimadhopur. At present in District Jail
Sawaimadhopur
                                                                  ----Appellant
                                   Versus
State Of Rajasthan through PP
                                                                ----Respondent

For Appellant(s)         :     Mr. Harendra Singh
For Respondent(s)        :     Mr. S.S. Mehla, PP


                HON'BLE MR. JUSTICE FARJAND ALI
                                    Order
05/01/2023

Heard learned counsel for the accused-appellant and learned

Public Prosecutor on the application for suspension of sentence

and perused the judgment impugned dated 18.08.2022 passed by

Juvenile Court (District and Sessions Judge), Sawaimadhopur in

Sessions Case No.28/2020 (CIS No.44/2016) whereby the

accused-appellant has been convicted for the offence punishable

under section 302/34 and 120-B of IPC and has been sentenced

with maximum of 10 years simple imprisonment along with fine of

Rs. 10,000/-.

Learned counsel for the accused-appellant submits that the

trial court has grossly erred in convicting and sentencing the

accused-appellant. It is submitted on behalf of the appellant that

the co-accused Ramlakhan and Virendra were tried as adults and

(2 of 3) [SOSA-1097/2022]

convicted for the same accusation. Upon preference of their

appeal and moving of application for suspension of sentence, the

Division Bench of this Court has allowed their application and they

have been released on bail and as per the prosecution, the

weapon of murder has been recovered from their instance. The

accused-appellant is a juvenile and her case is on better footing.

Hon'ble Supreme Court has held in the matter of Hanumant

Govind Nargundkar &. Anr. Vs. State of Madhya Pradesh

(AIR 1952 SC 343)

that in cases of circumstantial evidence, there must be a chain of

evidence so complete which unerringly point towards the guilt of

the accused and all probabilities consistent with the innocence of

the accused must be wiped out. She was on bail during the entire

course of the trial but the liberty was never misused. Therefore,

the application for suspension of sentence may be granted.

Learned Public Prosecutor has vehemently opposed the

prayer made by learned counsel for the accused-appellant.

Considering the overall submissions of the parties and

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.

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 the learned Juvenile Court (District and

Sessions Judge), Sawaimadhopur vide judgment dated

(3 of 3) [SOSA-1097/2022]

18.08.2022 in Sessions Case No.28/2020 (44/2016) against the

appellant-applicant-Mithlesh Kumari Verma D/o Shri Hukam

Chand Kandera 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 13.02.2023 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 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(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 in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

applicant 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-applicant does not appear before the trial court, the

learned trial Judge shall report the matter to the High Court for

cancellation of bail.

(FARJAND ALI),J AARZOO ARORA /60

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