Rajasthan High Court - Jodhpur
Sunita vs State Of Rajasthan ... on 13 November, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:48796-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1487/2025
Sunita W/o Mahendra Kumar, Aged About 28 Years, R/o
Sadewala, Tehsil Raniya, Police Station Raniya, District Sirsa,
(Haryana). (At Present Lodged In Central Jail, Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Ramawatar Singh
Mr. S.S. Gaur
For Respondent(s) : Mr. Rajesh Bhati, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
HON'BLE MRS. JUSTICE SANGEETA SHARMA
Order
13/11/2025
1. The appellant-applicant herein has been convicted and
sentenced as below vide judgment dated 05.03.2025 passed by
the learned Additional Sessions Judge No.4, District Bikaner in
Sessions Case No.28/2021 (CIS No.477/2021) :
Offence Sentence Fine Sentence in
default of fine
Section 302 IPC Life Rs.10,000/- 3 months S.I.
Imprisonment
Section 201 IPC 3 years S.I. Rs.5,000/- 2 months S.I.
Section 120-B IPC Life Rs.10,000/- 3 months S.I.
imprisonment
2. The appellant-applicant has preferred the application for
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suspension of sentence under Section 430 B.N.S.S./389 Cr.P.C. for
suspension of sentence during the pendency of the appeal and for
release on bail.
3. The sole plea raised by learned counsel for the appellant-
applicant is that the applicant-appellant is a lady and she is inside
the bar since 02.07.2021 and since then, she is in jail. Occurrence
relates on 06.06.2021 and FIR in this case has been lodged on
27.06.2021 and statement of Tamanna was recorded but no date
was mentioned on that statement recorded under Section 161
Cr.P.C. In other statement recorded on 02.07.2021, specific
averment has been made against co-accused Nihal Chand. Given
that the hearing of the appeal is likely to be protracted, thus, the
sentence of the applicant be suspended and he be enlarged on
bail.
4. Learned Public Prosecutor opposed the application for
suspension of sentence with the submission that as the appellant-
applicant has committed heinous offence, suspension of sentence
of such offenders would send adverse message in the society.
5. We have considered the submissions made by learned
counsel for the parties and perused the material available on
record.
6. 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.
7. In the present case as observed herein-before, the appellant-
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applicant is in judicial custody since 02.07.2021 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 her conviction for life, nothing has
been brought on record by way of extenuating circumstances for
denial of suspension of sentence.
8. Consequently, without making any observations on merits of
the case, we are inclined to suspend the substantive sentence of
the appellant-applicant - Sunita W/o Mahendra Kumar during the
pendency of the appeal.
9. Accordingly, the instant application for suspension of
sentence filed under Section 430 B.N.S.S./389 Cr.P.C. is allowed
and it is ordered that substantive sentence passed by the learned
Additional Sessions Judge No.4, District Bikaner in Sessions Case
No.28/2021 (CIS No.477/2021) against the appellant-applicant -
Sunita W/o Mahendra Kumar shall remain suspended till final
disposal of the aforesaid appeal, 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 15.12.2025 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 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)
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they will give in writing their changed address to
the trial court.
10. 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-applicants do not appear before the trial court,
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(SANGEETA SHARMA),J (MANOJ KUMAR GARG),J
34-amit/-
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