Sita Devi vs State Of Rajasthan ...
2023 Latest Caselaw 7597 Raj

[2023:RJ-JD:32057-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 582/2023

in

D.B. Criminal Appeal No.81/2023

Sita Devi W/o Shri Mal Chand, Aged About 60 Years, R/o Nawa, Police Station Nawa, District Nagaur, Rajasthan. (At Present Confined In Women Central Jail, Ajmer)

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

----Respondent

For Petitioner(s) : Mr. Dinesh Purohit Mr. Vasudev Charan.

For Respondent(s) : Mr. R.R. Chhaparwal, PP

HON'BLE MR. JUSTICE ARUN BHANSALI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI Order 22/09/2023

1. The appellant-applicant herein has been convicted and

sentenced as below vide judgment dated 24.11.2022 passed by

the learned Additional Sessions Judge, Kuchaman City, Nagaur in

Sessions Case No.18/2014 (CIS No.80/2021) (C.N.R. No.RJMR24-

000417-2021):

Offence/s                   Sentence                                Fine
302 IPC             Life Imprisonment Rs.50,000/- each and in
                                      default of which to further
                                      undergo two years' S.I.

2. The appellant-applicant has preferred the application for

suspension of sentence under Section 389 Cr.P.C. for release on

bail during the pendency of the appeal.

[2023:RJ-JD:32057-DB] (2 of 4) [SOSA-582/2023]

3. It is submitted by learned counsel for the appellant-applicant

that the trial court committed grave error in holding the applicant

guilty of offence under Section 302 IPC.

4. Submissions have been made that the entire case is based

on circumstantial evidence, inasmuch as, the deceased was aged

75 years, the applicant aged 45 years was serving him for a long

time and there was no cause for her to commit the offence.

5. Further submissions have been made that the entire

judgment of the trial court is based on the site report and lack of

certain indications made in the said report, which is wholly

unsustainable. It is submitted that no recovery worth the name

has been shown from the applicant, though it is alleged that for

the purpose of stealing goods from the house, the offence was

committed. The applicant clearly indicated that certain persons

has barged in the house of the deceased and had caused the

death of the landlord.

6. Submissions have been made that the applicant is in custody

now for over 9 years 6 months and the appeal is likely to take

sufficiently long time and therefore, her sentence may be

suspended.

7. Learned Public Prosecutor vehemently opposed the

application for suspension of sentence. It was submitted that the

story made up by the applicant regarding 3-4 persons having

barged in the house of the deceased and causing his death, is

unbelievable in view of the site report, which has come on record

and therefore, the trial court was justified in holding the applicant

guilty of the offence and her sentence may not be suspended.

However, it is not denied that there are no antecedents and she

has already undergone incarceration for over 9 years 6 months.

[2023:RJ-JD:32057-DB] (3 of 4) [SOSA-582/2023]

8. Having considered the submissions made by learned counsel

for the parties and going through the record of the case, it is

apparent that the trial court has given undue importance to the

site report for coming to the conclusion of applicant's guilt.

9. Besides the above, as the applicant is a woman and has

already suffered incarceration for over 9 years 6 months, without

commenting on the merits of the case, we are inclined to suspend

the substantive sentence of the appellant-applicant, Sita Devi W/o

Shri Mal Chand, during the pendency of the appeal.

10. Accordingly, the instant application for suspension of

sentence filed under Section 389 Cr.P.C. is allowed and it is

ordered that substantive sentence passed by the Additional

Sessions Judge, Kuchaman City, Nagaur in Sessions Case

No.18/2014 (CIS No.80/2021) (C.N.R. No.RJMR24-000417-2021)

against the appellant-applicant Sita Devi W/o Shri Mal Chand,

shall remain suspended till final disposal of the aforesaid appeal

and she shall be released on bail, provided she execute/s a

personal bond in the sum of Rs.50,000/- each with two sureties of

Rs.25,000/- each to the satisfaction of learned trial Judge for her

appearance in this court on 20.10.2023 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 her changed address to the trial Court as well as to the counsel in the High Court.

[2023:RJ-JD:32057-DB] (4 of 4) [SOSA-582/2023]

3. Similarly, if the sureties change her address(s) she will give in writing her changed address to the trial court.

11. The learned trial court shall keep the record of attendance of

the accused-applicants in a separate file. Such file be registered as

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

applicants was tried and convicted. A copy of this order shall also

be placed in that file for ready reference. Criminal Misc. file shall

not been taken into account for statistical purpose relating to

pendency and disposal of the cases in the trial court. In case the

said accused-applicant do not appear before the trial court,

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

cancellation of bail.

(RAJENDRA PRAKASH SONI),J (ARUN BHANSALI),J 43-Rmathur/-

Powered by TCPDF (www.tcpdf.org)