Rajasthan High Court - Jodhpur
Smt. Sita Devi vs State Of Rajasthan ... on 20 May, 2025
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2025:RJ-JD:24305-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 491/2025
1. Smt. Sita Devi W/o Shri Shivraj Singh Rawat, Aged About
55 Years, R/o Nimba Ki Kuyi, Police Station Bhim, District
Rajsamand, Rajasthan. (At Present Lodged In Central Jail,
Udaipur)
2. Smt. Tara Devi W/o Shri Himmat Singh Rawat, Aged
About 48 Years, R/o Nimba Ki Kuyi, Police Station Bhim,
District Rajsamand, Rajasthan. (At Present Lodged In
Central Jail, Udaipur)
----Petitioners
Versus
State Of Rajasthan, PP
----Respondent
For Petitioner(s) : Mr. Tej Singh Badgujar
Mr. Shaitan Singh
For Respondent(s) : Mr. Rajesh Bhati, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE SUNIL BENIWAL
Order
20/05/2025
1. The appellants-applicants herein have been convicted and
sentenced as below vide judgment dated 05.03.2025 passed by
the learned Additional Sessions Judge Rajsamand, in Sessions
Case No.35/2015 (CIS No.85/2015):
Offence Sentence Fine
147 IPC 6 months S.I. Rs.2,000/- and in default of which
to further undergo one month's
S.I.
148 IPC 2 months R.I. Rs.5,000/- and in default of which
to further undergo one month's
S.I.
323/149 IPC 1 month S.I. Rs.500/- and in default of which to
further undergo 7 days' S.I.
324/149 IPC 3 months' S.I. Rs.1,000/- and in default of which
to further undergo 7 days' S.I.
302/149 IPC Life Imprisonment Rs.40,000/- and in default of which
to further undergo 3 months' S.I.
[2025:RJ-JD:24305-DB] (2 of 4) [SOSA-491/2025]
2. The appellants-applicants have preferred the application
under Section 430 B.N.S.S. for suspension of sentences during the
pendency of the appeal and for release on bail.
3. Learned counsel for the appellants submits that the incident
happened on 13.07.2015 at about 8.15 AM, when the deceased
Moti Singh was attacked by Shivaraj Singh, Gita Devi, Dilip Singh,
Arvind Singh, Tara Devi, Himmat Devi and Pradeep Singh.
3.1 Learned counsel for the appellants submits that the cause of
death is the stab wound, directly attributed to Dilip Singh who
caused the knife blow upon the chest of deceased Moti Singh.
3.2 Learned counsel for the appellants further submits that due
to cattle grazing, an altercation happened in which both the
parties were injured and, at best, Dilip Singh in an aggravated
attack, caused stab injury on the deceased Moti Singh.
3.3 Learned counsel for the appellants further submits that as
per the prosecution witnesses, other injuries have been caused by
Shivraj Singh, Arvind Singh and Tara Devi on the body of the
deceased.
3.4 Learned counsel for the appellants further submits that both
the appellants are ladies and were on bail during trial.
3.5 Learned counsel for the appellants has drawn attention of
this Court to para 36 and 37 of the impugned order, in which, the
learned trial court has dealt with an issue at length and has
arrived at a considered conclusion that the offence under Section
307 or 325/326 IPC has not been made out against the present
appellants.
3.6 Learned counsel for the appellants further submits that an
unlawful assembly of course has been found to be made out and
[2025:RJ-JD:24305-DB] (3 of 4) [SOSA-491/2025]
Section 149 IPC has been invoked to punish the present
appellants.
3.7 Learned counsel for the appellants also submits that in the
given circumstances, particularly, when both the appellants are
ladies, the suspension of sentence ought to be considered.
4. Learned Public Prosecutor opposes the application for
suspension of sentence on the ground that there was continuous
involvement of the appellants as an unlawful assembly and, thus,
suspending their sentence in the meagre custody will not be called
for.
5. This Court, after examining the peculiar facts and the
submissions made by both the parties, finds that the learned trial
court has initially arrived at a conclusion that offence under
Section 307 or 325/326 IPC has not been made out against the
present appellants and while particularly keeping into
consideration that both the appellants are ladies and there is no
direct injury attributed to them and also the fact that they were on
bail during trial, this Court is inclined to suspend substantive
sentence of the appellants-applicants during the pendency of the
appeal.
6. Accordingly, the instant application for suspension of
sentence filed under Section 430 B.N.S.S. is allowed and it is
ordered that substantive sentence passed by the learned
Additional Sessions Judge Rajsamand, in Sessions Case
No.35/2015 (CIS No.85/2015), against the appellants-applicants,
namely, Smt. Sita Devi W/o Shri Shivraj Singh Rawat and
Smt. Tara Devi W/o Shri Himmat Singh Rawat, shall remain
suspended till final disposal of the aforesaid appeal and they shall
[2025:RJ-JD:24305-DB] (4 of 4) [SOSA-491/2025]
be released on bail, provided they executes a personal bond in the
sum of Rs.50,000/- each with two sureties of Rs.25,000/- each to
the satisfaction of learned trial Judge for their appearance in this
court on 07.07.2025 and whenever ordered to do so till the
disposal of the appeal on the conditions indicated below:
1. That they will appear before the trial court in the
month of January of every year till the appeal is
decided.
2. That if the applicants change the place of
residence, they will give in writing his 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.
7. 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
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.
(SUNIL BENIWAL),J (DR.PUSHPENDRA SINGH BHATI),J
21-ajay/AbhishekK/-
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