Rajasthan High Court
Geeta Devi W/O Kalu Ram vs State Of Rajasthan ... on 5 March, 2024
Bench: Inderjeet Singh, Ashutosh Kumar
[2024:RJ-JP:11242-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Misc 4th Suspension Of Sentence Application No.
424/2022
In
D.B. Criminal Appeal No.1853/2017
Geeta Devi W/o Kalu Ram, Resident Of Meethi Kothi Talab, Tan
Kuli, Police Station Danta Ramgarh, District Sikar, Rajasthan (At
Present In Central Jail, Jaipur)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Girraj Prasad on behalf of
Mr. Mahendra Singh Rathore
For Respondent(s) : Ms. Alka Bhatnagar, AGA.
Mr. Gajraj Singh Rajawat.
HON'BLE MR. JUSTICE INDERJEET SINGH
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order
05/03/2024
1. This 4th suspension of sentence application has been filed by
the accused-applicant along with the appeal.
2. Learned Counsel appearing on behalf of the accused-
applicant submits that the accused-applicant has been convicted
under Sections 302 read with 120B and 201 of the Indian Penal
Code.
3. Learned Counsel submits that the sentence of life
imprisonment has been awarded to the accused-applicant under
Section 302 read with 120B of the Indian Penal Code. Learned
Counsel for the accused-applicant has annexed the certificate
under Rule 311 (3) of the Rajasthan High Court Rules to the effect
[2024:RJ-JP:11242-DB] (2 of 4) [SOSA-424/2022]
that accused-applicant is in judicial custody at Central Jail, Jaipur.
Learned Counsel further submits that the accused-applicant has
been falsely implicated in this matter and she has already served
the sentence for a period of more than ten years. Learned Counsel
further submits that the applicant is a lady and at present she is in
advance stage of pregnancy. Learned Counsel further submits that
the appeal is not likely to be heard in near future and prayed that
sentence awarded to the accused-applicant may be suspended
and she be released on bail during the pendency of the appeal.
4. In support of the contentions, learned Counsel has relied
upon the judgment passed by the Hon'ble Supreme Court in the
matter of 'Saudan Singh versus The State of Uttar Pradesh',
Criminal Appeal No.308/2022 (SLP (Crl.) No.4633/2021),
decided on 25.02.2022.
5. Learned Counsel further relied upon the judgement passed
by the Hon'ble Supreme Court in the matter of Ranjeet Raut Vs.
State of GNCT Delhi (Special Leave Petition (Criminal) Diary
No.(s). 22968/2020, decided on 23.07.2021 in which it has
been held as under:-
"The petitioner was convicted under
Section 302 IPC and sentenced to undergo
imprisonment for life.
The appeal filed by the petitioner before
the High Court is pending. An application
was moved by the petitioner before the
High Court for suspension of sentence
which was rejected. Aggrieved thereby, the
petitioner is before this Court. We are
informed by learned counsel for the
petitioner that the petitioner has
undergone sentence of 7 years and 4
months. Learned counsel for the petitioner
[2024:RJ-JP:11242-DB] (3 of 4) [SOSA-424/2022]
submitted that there is no likelihood of the
appeal being decided soon.
The learned counsel for the State
submitted that the evidence of PWs 1 and
2, which was accepted by the trial court
shows that the petitioner has committed a
grave offence under Section 302. He
requested this Court to permit the
petitioner to renew his application for
suspension of sentence after some time or
direct the appeal to be heard.
We are not inclined to give any direction to
the High Court to dispose of the appeal out
of turn.
Taken into account the fact that the
petitioner has undergone sentence of more
than 7 years, we deem it fit and proper to
grant his prayer for suspension of
sentence.
The petitioner is directed to be released on
bail subject to the satisfaction of the trial
court.
The special leave petition is disposed of.
Pending application(s), if any, shall also
stand disposed of."
6. Learned Additional Government Advocate assisted by counsel
for the complainant opposed the 4th application for suspension of
sentence.
7. We have heard counsel for the parties and perused the
record.
8. Considering the facts and circumstances of the present case
and the fact that the applicant is a lady and her pregnancy has
been confirmed by the Additional Government Advocate, in view of
the report dated 01.03.2024 received from the Medical Officer,
Central Jail, Jaipur, which is taken on record and also considering
the fact that she has already served the sentence for a period of
more than ten years; the judgement passed by the Hon'ble
Supreme Court in the matter of Saudan Singh (supra) and that
[2024:RJ-JP:11242-DB] (4 of 4) [SOSA-424/2022]
the hearing of appeal may take long time, we deem it just and
proper to allow this criminal miscellaneous suspension of sentence
application.
9. In that view of the matter, this criminal miscellaneous 4 th
suspension of sentence application is allowed and it is ordered that
execution of sentence awarded to the accused-applicant shall
remain suspended during the pendency of the criminal appeal and
the accused-applicant be admitted to bail subject to satisfaction of
the trial Court with the stipulation that she shall appear before this
Court on 25.04.2024 and thereafter as and when called upon to
do so.
10. Office is directed to send a copy of this order to the
concerned trial Court through e-mail/fax for necessary
compliance.
11. Pending application (IA No.1/2024) also stands disposed of.
(ASHUTOSH KUMAR),J (INDERJEET SINGH),J
Seema/34
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