Rajasthan High Court - Jodhpur
Shobha Devi vs State Of Rajasthan (2025:Rj-Jd:4776) on 24 January, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:4776]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1704/2024
Shobha Devi W/o Shri Mahendra Kumar, Aged About 43 Years,
Posaliya, P.s. Paldi-M, At Present Aadinath Colony, Sheoganj,
Distt. Sirohi (Raj.) (Presently Lodged In Central Jail, Jodhpur)
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Kanku Devi W/o Shri Sarupa Ram Meena, R/o Bapu Nagar,
Tehsil Sumerpur, Distt. Pali (Raj.) ----Respondent
For Petitioner(s) : Mr. Bharat Singh Rathore
Mr. Hitendra Singh
For Respondent(s) : Mr. Deepak Choudhary, GA cum AAG
with Mr. Kuldeep Singh Kumpawat
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
24/01/2025
Heard learned counsel for the parties and perused the
material available on record.
Learned counsel for the appellant submits that the appellant
was on bail during the trial and hearing of the appeal will take
sufficiently long time, therefore, the sentence of the appellant may
be suspended.
Learned Public Prosecutor opposed the prayer for suspension
of sentence.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
of the case including the facts that the appellant was on bail
during the trial and hearing of the appeal will take sufficiently long
time, therefore, this court is of the opinion that it is a fit case for
suspending the sentence awarded to the accused appellant.
[2025:RJ-JD:4776] (2 of 3) [SOSA-1704/2024]
Accordingly, the application for suspension of sentence filed
under Section 430 BNSS is allowed and it is ordered that the
sentence passed by learned Special Judge, SC/ST (Prevention of
Atrocities) Act Cases, Sirohi vide judgment dated 07.12.2024 in
Session Case No.92/2021 against the appellant-applicant -
Shobha Devi W/o Shri Mahendra Kumar shall remain
suspended till final disposal of the aforesaid appeal provided she
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 her appearance in this court on 27.02.2025 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 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.
3. Similarly, if the sureties change their address, 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-applicant in a separate file. Such file be registered as
Criminal Misc. Case related 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
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 does 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
129-mSingh/-
[2025:RJ-JD:4776] (3 of 3) [SOSA-1704/2024]
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