Rajasthan High Court - Jodhpur
Smt. Ramli vs State Of Rajasthan (2025:Rj-Jd:17809) on 7 April, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:17809]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Suspension Of Sentence(Revision) No. 103/2025
1. Smt. Ramli W/o Bhanwar Lal Alias Bhanwara, Aged About
72 Years, R/o Antaliya, Police Station Charbhuja, District
Rajsamand. (Lodged In Central Jail Udaipur)
2. Smt. Sugna D/o Bhanwar Lal Alias Bhanwara, Aged About
40 Years, W/o Trilok Ram, R/o Antaliya, Police Station
Charbhuja, District Rajsamand. (Lodged In Central Jail
Udaipur)
----Petitioners
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Gaju Singh
For Respondent(s) : Mr. Lalit Kishor Sen, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
07/04/2025
Heard learned counsel for the petitioner(s) as well as the
learned Public Prosecutor.
Learned counsel for the petitioner(s) submits that
petitioner(s) have surrendered before the concerned trial court
and now they are in custody since 25.03.2025 and the petitioner
No.1 is aged about 72 years. Counsel for the petitioner(s) further
submits that the petitioner(s) were on bail during the trial and
there is no chance of hearing of the revision in near future,
therefore, the substantive sentences of the petitioner may be
suspended and he may be released on bail.
Upon a consideration of the arguments advanced on behalf
of the petitioner and having regard to the facts and circumstances
of the case including the fact that there is no chance of hearing of
[2025:RJ-JD:17809] (2 of 3) [SOSR-103/2025]
the revision in near future, this court is of the opinion that it is a
fit case for suspending the substantive sentences awarded to the
accused petitioner.
Accordingly, the second application for suspension of
sentence filed under Section 379/401 Cr.P.C. R/w 438 BNSS is
allowed and it is ordered that the substantive sentences passed by
learned Judicial Magistrate, Kumbhalgarh, District Rajsamand in
Regular Criminal Case No.238/2017 vide order dated 18.09.2019
as affirmed by the learned Special Judge, SC/ST Act (Prevention
Of Atrocities) Cases, District Rajsamand vide order dated
27.11.2024 in Criminal Appeal No.05/2021 (CIS No.93/2019)
against the petitioner/applicant - 1. Smt. Ramli W/o Bhanwar
Lal Alias Bhanwara and 2. Smt. Sugna D/o Bhanwar Lal
Alias Bhanwara shall remain suspended till final disposal of the
revision and he shall be released on bail provided he/she/they
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 his/her/their appearance in this court on 07.05.2025
and whenever ordered to do so till the disposal of the revision 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.
4. Petitioner(s) shall deposit 50% of fine amount as
imposed by the learned trial court.
[2025:RJ-JD:17809] (3 of 3) [SOSR-103/2025]
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) were 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 applicant(s) do not appear before the trial
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(MANOJ KUMAR GARG),J
44-mSingh/-
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