Rajasthan High Court
Devendra Singh Chouhan vs State on 17 January, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application No.
17/2023
IN
S.B. Criminal Appeal No. 2476/2022
Prembai W/o Brijmohan, R/o Gugor Road, Chhabra, District
Baran (Raj.) (At Present Confined In Central Jail Kota)
----Appellants
Versus
State Of Rajasthan, Through The Pp
----Respondent
For Appellant(s) : Mr. A.K. Gupta, Senior Advocate with
Mr. Anoop Meena and
Mr. Gaurav Sharma
For Respondent(s) : Mr. S.S. Mahla, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
17/01/2023
Heard learned counsel for the accused appellant and learned
Public Prosecutor on the application for suspension of sentence
and perused the judgment impugned dated 25.11.2022 passed by
learned Additional District and Sessions Judge, Chhabra, Baran
whereby the accused appellant has been convicted for the offence
punishable under sections 304B and 498A of IPC and has been
sentenced to maximum ten years rigorous imprisonment along
with fine of Rs. 10,000/- in default of payment, further two
months additional SI.
Learned counsel for the accused-appellant submits that the
appellant has nothing to do with the alleged offence. She has
falsely been implicated in this case because of sudden demise of
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young bride in the matrimonial home. There is no clinching and
impeachable evidence to shape the theory of the prosecution that
any demand of dowry was made. The appellant is an old age lady
and there is no overt act or specific role attributed to her. Learned
counsel drew attention of this Court by supplying a copy of
Exhibit-D5, the report of proceedings under Section 174 Cr.P.C.
conducted by an Executive Magistrate from which it is revealing
that there are specific allegations against the husband and father
in law but no specific act of the appellant has been shown therein.
The relevant portion of the report under Section 174 Cr.P.C. is
reproduced hereinbelow:-
"पति शराब पी कर मार पपट करिा था, ससुर बज
ृ मोहन
ने सोिे समय पेट पकड़ कर खीींच था। मेररी बहन को
जहर देकर मारा है। मेररी बहन खाना नहरीीं बनािी थी।
खाना सास व ननद ने बनाया था।"
Though omnibus allegation of cruelty is levelled against the
appellant. The demand of bringing dowry was alleged to be made
by her husband Narendra. The appellant is a lady and she was on
bail during the trial.
Learned Public Prosecutor vehemently opposes the prayer
made by learned counsel for the accused-appellant.
The accused-appellant is behind the bars and the hearing of
appeal is likely to take further more time, therefore, considering
the overall submissions 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
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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
sentences passed by the learned Additional District and Sessions
Judge, Chhabra, Baran, vide judgment dated 25.11.2022 in
Sessions Case No. 114/2011 against the appellant-applicant
Prembai W/o Brijmohan 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 their appearance in this court on 20.02.2023 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
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-applicants were tried and convicted. A copy of this order
shall also be placed in that file for ready reference. Criminal Misc.
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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 applicants 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
PREETI VALECHA /64
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