Smt. Lali Bai vs State Of Rajasthan ...
2023 Latest Caselaw 974 Raj

[2023/RJJD/002018]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 991/2022

1. Smt. Lali Bai W/o Shri Dalu, Aged About 61 Years, R/o Chota Selarpura, Police Station Pratapgarh, District Pratapgarh (Raj.) (Presently Lodged In District Jail, Pratapgarh)

2. Smt. Om Kanwar W/o Shri Kailash, Aged About 36 Years, R/o Chota Selarpura, Police Station Pratapgarh, District Pratapgarh (Raj.) (Presently Lodged In District Jail, Pratapgarh)

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

----Respondent

For Petitioner(s) : Mr. Ramesh Chandra Purohit For Respondent(s) : Mr. Anil Joshi, GA cum AAG assisted by Mr. Pallav Sharma

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE FARJAND ALI

Order

24/01/2023

Heard learned counsel for the parties on the application for

suspension of sentence.

The instant application for suspension of sentence has been

preferred on behalf of appellant-applicants, who have been

convicted and sentenced by the Addl. Sessions Judge & Special

Judge, SC/ST (Prevention of Atrocities) Cases, Pratapgarh vide

judgment dated 29.09.2022 in Sessions Case No.42/2016. The

appellant-applicants have been sentenced as under :

[2023/RJJD/002018] (2 of 4) [SOSA-991/2022]

Offence U/s Sentence Fine Sentence in default of

payment of fine 148 IPC 1 Months' SI Rs.1,000/- 10 Days' S.I. 341/149 IPC 3 Months' SI Rs.100/- 5 Days' S.I. 323/149 IPC 3 Months' SI Rs.300/- 7 Days' S.I. 302/149 IPC Life Rs.25,000/- 3 months' S.I.

Imprisonment

Learned counsel for the appellant-applicants has submitted

that the trial court has grossly erred in convicting and sentencing

the appellant-applicants for the offences under Section 302/149.

It is submitted that from the evidence produced by the

prosecution, it is clear that the fatal injury on the body of the

deceased- Payara Singh is assigned to co-accused- Dalu and the

only allegation against the appellant-applicants is to the effect that

they were the part of unlawful assembly, which attacked on the

house of the complainant. It is further submitted that no specific

role has been assigned to the appellant-applicants and omnibus

allegations have been levelled against them. Learned counsel for

the appellant-applicants has further submitted that the appellant-

applicants were on bail during trial. It is also submitted that the

appellant-applicants are female and final hearing of their appeal is

likely to take time, therefore, their sentence may kindly be

suspended.

Learned Public Prosecutor has opposed this application for

suspension of sentence.

Having considered the totality of facts and circumstances of

the case and after carefully scrutinizing the record of the case, we

[2023/RJJD/002018] (3 of 4) [SOSA-991/2022]

consider it just and proper to suspend the substantive sentence

awarded to the appellant-applicants.

Accordingly, this application for suspension of sentence filed

under Sec.389 Cr.P.C. is allowed and it is ordered that the

substantive sentence passed by the Addl. Sessions Judge &

Special Judge, SC/ST (Prevention of Atrocities) Cases, Pratapgarh

vide judgment dated 29.09.2022 in Sessions Case No.42/2016

against appellant-applicants - Smt. Lali Bai W/o Shri Dalu and

Smt. Om Kanwar W/o Shri Kailash shall remain suspended till final

disposal of the aforesaid appeal, provided each of them 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 13.03.2023 and whenever

ordered to do so till the disposal of the appeal on the conditions

indicated below:-

1. That they will appear before the trial Court in the

month of January of every year till the appeal is

decided.

2. That if the appellants change the place of

residence, they will give in writing 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,

they will give in writing their changed address to

the trial Court.

[2023/RJJD/002018] (4 of 4) [SOSA-991/2022]

The learned trial Court shall keep the record of attendance of

the accused-appellants 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-appellants do 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                                              (VIJAY BISHNOI),J
                                    64-mohit/-









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