Rajasthan High Court - Jodhpur
Smt. Manju vs State Of Rajasthan ... on 4 August, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:34211-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1025/2025
Smt. Manju W/o Late Sh. Ashok @ Anil, Aged About 27 Years, R/
o Jatiyo Ka Purana Bas, Barmer (Raj.) (Presently Lodged In
Central Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Chakarvarti Singh Rathore
For Respondent(s) : Mr. Deepak Choudhary, AAG assisted
by Mr. KS Kumpawat
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
HON'BLE MR. JUSTICE RAVI CHIRANIA
Order
04/08/2025
1. The appellant-applicant herein has been convicted and
sentenced as below vide judgment dated 11.09.2024 passed by
the learned Additional Sessions Judge No.2, Barmer in Sessions
Case No.53/2024 (CIS No.94/2022) :
Offence U/s Sentence Fine Sentence in
default of payment
of fine
302 IPC Life Imprisonment Rs.5,000/- 5 months RI
2. The appellant-applicant has preferred this second application
for suspension of sentence under Section 430(2) of BNSS during
the pendency of the appeal and for release on bail.
[2025:RJ-JD:34211-DB] (2 of 4) [SOSA-1025/2025]
3. Counsel for the appellant-applicant submits that the
appellant-applicant is a lady and she is having three small
children. The appellant-applicant has been in custody since
02.03.2022 i.e. more than 3 years and there is no chance of
hearing of the appeal in near future, thus, the sentence of the
appellant may be suspended and she may be enlarged on bail.
5. Learned AAG opposed the application for suspension of
sentence with the submission that as the appellant-applicant has
committed heinous offence, suspension of sentence of such
offender would send adverse message in the society. However, he
has not denied that the present appellant-applicant has already
undergone sentence of more than three during trial and after
sentence.
6. We have considered the submissions made by learned
counsel for the parties and have perused the material available on
record.
7. Looking to the fact that criminal appeals pertaining to year
2008 also are pending for hearing, there is no likelihood of hearing
of the present appeal in near future.
8. In the present case as observed herein-before, the appellant-
applicant is a lady and she is having three small children and she
has already undergone sentence of more than three years and
apparently, there are no chances of hearing of the present appeal
in near future. Except for the fact that the appellant-applicant was
involved in offence leading to his conviction for life, nothing has
been brought on record by way of extenuating circumstances for
denial of suspension of sentence.
[2025:RJ-JD:34211-DB] (3 of 4) [SOSA-1025/2025]
11. Consequently, without making any observations on merits of
the case, we are inclined to suspend the substantive sentence of
the appellant-applicant, namely, Smt. Manju W/o Late Sh. Ashok
@ Anil during the pendency of the appeal.
12. Accordingly, the instant second application for suspension of
sentence is allowed and it is ordered that substantive sentence
passed by the learned Additional Sessions Judge No.2, Barmer
vide judgment dated 11.09.2024 in Sessions Case No.53/2024
(CIS No.94/2022), against the appellant-applicant, namely, Smt.
Manju W/o Late Sh. Ashok @ Anil 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 learned
trial Judge for her appearance in this court on 03.09.2025 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 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.
13. The learned trial court shall keep the record of attendance of
the accused-applicant in a separate file. Such file be registered as
Criminal Misc. Case relating to original case in which the accused-
applicant was tried and convicted. A copy of this order shall also
be placed in that file for ready reference. Criminal Misc. file shall
[2025:RJ-JD:34211-DB] (4 of 4) [SOSA-1025/2025]
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 does not appear before the trial court,
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(RAVI CHIRANIA),J (MANOJ KUMAR GARG),J
53-MS/-
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