Rajasthan High Court - Jodhpur
Simran vs State Of Rajasthan on 16 April, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:18940]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B Criminal Misc. Bail (Suspension of Sentence) Application
No.212/2025
In
S.B. Criminal Appeal (Sb) No. 215/2025
Simran W/o Mohammed Latif, Aged About 33 Years, R/o Khan
Colony, Rani Bazar Industral Arra, P.s. Jnvc, Dist. Bikaner
(Lodged In Central Jail, Bikaner)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. M.S. Sheikh
For Respondent(s) : M. Vikram Singh Rajpuorhit, Dy.G.A,
Mr. Ravindra Singh, AGA
Mr. Pradeep Choudhary,
HON'BLE MR. JUSTICE FARJAND ALI
Order
16/04/2025
1. Heard learned counsel for the accused-appellants and
learned Public Prosecutor on the application for suspension of
sentence and perused the judgment impugned dated 18.11.2024
passed by Addl. Sessions Judge No.6, Bikaner in Sessions Case
No.21/2023 whereby the accused-appellant has been convicted for
the offences punishable under Sections 307, 326 and 304 of the
IPC and has been sentenced with maximum of five years along
with fine of Rs. 5,000/-.
[2025:RJ-JD:18940] (2 of 4) [SOSA-212/2025]
2. Learned counsel for the accused-appellant submits that the
trial court has grossly erred in convicting and sentencing the
accused-appellant. It is submitted on behalf of the appellant that a
false case has been foisted against her. She is willing and ready
to furnish bail bonds for her release therefore, the application for
suspension of sentence may be granted and her sentence may be
suspended.
2. Learned Public Prosecutor has vehemently opposed the
prayer made by learned counsel for the accused-appellant.
3. The petitioner, is a lady and is convicted for offense under
Sections 307, 326 & 324 of the IPC. There are allegations that she
poured hot oil on her mother-in-law resulting in 30% burn
injuries, which are simple and grievous in nature. She has been
awarded maximum sentence of five years by the trial Court, out
of which she has undergone two years incarceration. The
arguments with regard to admissibility of statement of Shaukat
Ali PW-2, Alimuddin PW-3, and Ibrahim PW-4 cannot be ruled out
for the reason of it being a hearsay evidence. The credibility and
admissibility of such evidence would be re-examined at the time of
hearing of the appeal.
4. Considering the appellant's gender, the period of
incarceration already undergone, the nature of the injuries, and
the due to voluminous pendency, it is evident that the appeal is
unlikely to be heard in the near future, thus this Court is inclined
to suspend the sentence awarded to the appellant.
[2025:RJ-JD:18940] (3 of 4) [SOSA-212/2025]
5. Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentence passed by the learned Addl. Sessions Judge No.6,
Bikaner vide judgment dated 18.11.2024 in Sessions Case
No.21/2023 against the appellant-applicant Simran S/o
Mohammed Latif shall remain suspended till final disposal of the
aforesaid appeal 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 19.05.2025 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 change the place of
residence, she will give in writing her changed
address to the trial Court as well as to her
counsel(s) 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.
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 related to original case in which the accused-
applicants 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
[2025:RJ-JD:18940] (4 of 4) [SOSA-212/2025]
pendency and disposal of cases in the trial court. In case, the said
accused-applicants 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
31-mamta/-
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