Rajasthan High Court - Jodhpur
Sartaj Banu Aka Munni vs State Of Rajasthan ... on 7 November, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:47927-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1522/2025
Sartaj Banu Aka Munni W/o Aziz, Aged About 52 Years, R/o Near
Badi Minar Ki Masjid, Sojat City, PS Sojat City, District Pali
(Lodged In Dist. Jail Pali)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Ms. Manisha Phophaliya
For Respondent(s) : Mr. C.S. Ojha, PP
Mr. Shreyansh Ramdev
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE BIPIN GUPTA
Order
07/11/2025
1. The present application has been filed by the applicant under
section 389 of the Code of Criminal Procedure, 1973/ 430 BNSS
seeking suspension of sentence awarded to her by the learned
Additional Sessions Judge, Sojat District Pali (hereinafter referred
to as 'trial Court') vide judgment dated 18.07.2025 passed in
Session Case No.41/2023 whereby following sentences have been
awarded against the accused-applicant.
S.No Offence Sentence Fine
1. 341 IPC One month simple To pay a fine of Rs.500/-; in
imprisonment default thereof to further
undergo seven days' simple
imprisonment
2. 148 IPC Three years simple To pay a fine of Rs.500/-; in
imprisonment default thereof to further
undergo seven days' simple
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imprisonment
3. 323/149 One year simple To pay a fine of Rs.500/-; in
IPC imprisonment default thereof to further
undergo seven days' simple
imprisonment
4. 324/149 Three years simple To pay a fine of Rs.500/-; in
IPC imprisonment default thereof to further
undergo seven days' simple
imprisonment
5. 302/149 Life imprisonment To pay a fine of Rs.50,000/-; in
IPC default thereof to further
undergo one month R.I.
2. Learned counsel for the applicant-appellant submits that the
appellant/appellant has been falsely implicated in the present
case. Learned counsel vehemently argued that the applicant was
on bail during the course of trial. He submits that no injury has
been assigned to the present applicant-appellant and it has come
on record in the statement of PW/1 Mohd. Zulfiqar PW/2 Mohd.
Amin PW/5 Mohd. Nasir PW7/ Mohd. Salim and PW/15 Sayeed
Shah that the present applicant-appellant was present at the time
of incident who has not been assigned any injury to the deceased
Sarfaraz. He further submits that the testimony of PW/1 is
credible as he is an injured eye witness. He also submits that
because of some enmity with the two families, the present
applicant-appellant has been implicated falsely in the present
case. He further submits that there is no recovery from the
present applicant and she is a lady of 53 years. He, therefore,
prays that the sentence in the case of present applicant-appellant
may be suspended during the pendency of the present appeal.
3. Per contra, learned Public Prosecutor opposed the submission
made by learned counsel for the appellant-appellant.
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4. We have considered the submissions made at the Bar and
have gone through the relevant record of the case.
5. In the considered opinion of this Court, without commenting
on the merit and de-merit of the case, this Court deems it
appropriate to suspend the sentence of the applicant-appellant.
6. Accordingly, the application for suspension of sentence filed
by the applicant-appellant is hereby allowed. It is ordered that the
sentence passed by the learned Additional Sessions Judge, Sojat
District Pali vide judgment dated 18.07.2025 passed in Session
Case No.41/2023 against the applicant - Sartaj Banu Aka Munni
W/o Aziz 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.1,00,000/- each with
two sureties of Rs.50,000/- each to the satisfaction of the learned
trial Judge for her appearance in this Court on 15.12.2025 and
whenever ordered to do so till the disposal of the appeal on the
conditions indicated below:-
(i) That she will appear before the trial Court in the month of
January of every year till the appeal is decided.
(ii) 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.
(iii) Similarly, if the sureties change their address, 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 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
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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.
8. Needless to state that the observations made hereinabove in
relation to guilt or otherwise of the applicant is prima-facie opinion
considering the material to the extent necessary for the purpose
of consideration of instant application. None of the parties shall
rely upon the findings or observations made herein at the time of
arguing final hearing of the appeal.
(BIPIN GUPTA),J (VINIT KUMAR MATHUR),J
73-JatinS/-
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