Vimla vs State Of Rajasthan
2023 Latest Caselaw 5009 Raj

[2023/RJJD/016507]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.137/2023

IN

S.B. Criminal Revision Petition No. 565/2023

Vimla W/o Shri Net Ram, Aged About 70 Years, B/c Dhanak R/o Jodi Patta Charanan Ps Bhaleri Tehsil Taranagar Dist. Churu Raj. (Presently Lodged In Central Jail Bikaner)

----Petitioner Versus State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. B.S. Rathore For Respondent(s) : Mr. A.R. Choudhary, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

19/05/2023

1. The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment

dated 11.05.2023 passed by the learned Chief Judicial

Magistrate, Churu in Sessions Case No.111/2015 whereby

she was convicted and sentenced to suffer maximum

punishment of of two years rigorous imprisonment under

Section 420 of IPC as well as Section 471 of IPC.

2. It is contended on behalf of the applicant that the learned

trial Judge has not appreciated the correct, legal and factual

aspects of the matter and thus, reached at an erroneous

conclusion of guilt, therefore, the same is required to be

appreciated again by this court. Hearing of the revision is

[2023/RJJD/016507] (2 of 3) [SOSR-137/2023]

likely to take long time, therefore, the application for

suspension of sentence may be granted.

3. Per contra, learned public prosecutor has vehemently

opposed the prayer made on behalf of the accused-applicant

for releasing the petitioner on application for suspension of

sentence.

4. Heard and perused the material available on record.

5. Considering the submissions of learned counsel for the

parties and looking to the totality of facts and circumstances

of the case, more particularly the facts/fact that considering

the overall submissions 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 revision, this court is of the opinion that it is a

fit case for suspending the sentence awarded to the accused-

petitioner.

6. Accordingly, the application for suspension of sentence filed

under Section 397/401 Cr.P.C. is allowed and it is ordered

that the sentence passed by learned Chief Judicial

Magistrate, Churu in Sessions Case No.111/2015 against the

petitioner-applicant- Vimla W/o Shri Net Ram shall remain

suspended till final disposal of the aforesaid revision 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 19.06.2023 and

[2023/RJJD/016507] (3 of 3) [SOSR-137/2023]

whenever ordered to do so till the disposal of the revision 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 her changed address to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their addresses, they will give in writing their changed address to the trial Court.

(FARJAND ALI),J 242-Ashutosh/-

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