Movani vs State Of Rajasthan
2023 Latest Caselaw 743 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 90/2023

Movani W/o Shri Arjun Ram, Aged About 36 Years, R/o Opposite Sudarshan Factory Tateli At Present Talwarnaka Aburoad Sadar Dist. Sirohi Raj.

----Appellant Versus State Of Rajasthan, Through Pp

----Respondent

For Appellant(s) : Mr. Bharat Singh Rathore For Respondent(s) : Mr. Anees Bhurat, PP

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

19/01/2023 Heard.

Admit.

Call for record.

Learned Public Prosecutor accepts notice on behalf of State.

Heard learned counsel for the appellant and learned Public

Prosecutor on application for suspension of sentence.

Learned counsel for the appellant-applicant submits that the

appellant-applicant was on bail during the trial and her sentence

has already been suspended for a period of one month. Therefore,

learned counsel for the appellant prays that the sentence awarded

to the accused-appellant may be suspended.

Learned Public Prosecutor vehemently opposed the prayer

made by the learned counsel for the accused-appellant.

(2 of 3) [CRLAS-90/2023]

Upon a consideration of the arguments advanced on behalf

of the appellant and having regard to the facts and circumstances

of the case, 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 Additional Sessions Judge No.2

Aburoad, District Sirohi, vide judgment dated 20.12.2022 in

Sessions Case No.03/2018 (15/2014) (CIS 150/2014) against the

appellant-applicant Smt. Movani W/o Shri Arjun Ram 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.1,00,000/- with two sureties of Rs.50,000/-

each to the satisfaction of the learned trial Judge for her

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-applicant(s) was/were tried and convicted. A copy of this

(3 of 3) [CRLAS-90/2023]

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.

(MADAN GOPAL VYAS),J 3-nidhi/-

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