Allowed

Kashnoor W/O Alam Chaudhary v. State of Rajasthan

Rajasthan HC7 Jan 2022SOSA/81/2021

Case brief

AI extract

What is this about?

The Rajasthan High Court allowed the appellant's fourth application for suspension of sentence, considering her advanced age, time spent in custody on bail during trial, and absence of allegations against her in the deceased's statement under Sections 154 and 164 CrPC.

What did the court decide?

Allowed the application for suspension of sentence on condition of furnishing a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each.

Kashnoor W/O Alam Chaudhary Vs State of Rajasthan — Rajasthan HC (2022) — LawSathi Research

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Misc. Fourth Application for Suspension of

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Sentence No.81/2021

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D.B. Criminal Appeal No. 297/2018

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Kashnoor W/o Alam Chaudhary Musalman, R/o Julmi Road Ward No. 2 Suket P.s. Suket Distt. Kota (At Present Confined At Central Jail Kota)

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----Appellant

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Versus

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State Of Rajasthan, Through P.p.

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----Respondent

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For Appellant(s) : Mr. Syed Shahid Hasan For Respondent(s) : Mr. Javed Choudhary, Addl. Govt. Adv.

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

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Judgment / Order

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07/01/2022

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Accused-appellant has preferred this fourth application for suspension of sentence.

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Heard on application for suspension of sentence.

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It is contended by counsel for the appellant that the appellant was on bail during trial. It is also contended that the F.I.R. was lodged on parchabayan of the deceased, wherein she has stated that she poured kerosene on herself and put herself on fire. In the statement recorded before the Magistrate also she has not stated that the present appellant was involved in the offence rather she has stated that appellant took her to the hospital. It is further contended that the appellant is a female, aged sixty years

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(2 of 2)

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[SOSA-81/2021]

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who was on bail during trial.

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Learned Additional Government Advocate has opposed the fourth application for suspension of sentence.

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We have considered the contentions.

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Taking note of the fact that the appellant has remained in custody for a period of three years and five months also taking note of the fact that neither in the parchabayan nor in the statement recorded under Section 164 of Cr.P.C., there was allegation with regard to commission of offence against the present appellant and also looking to the age of the appellant, we deem it proper to allow the fourth application for suspension of sentence.

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Accordingly, this fourth application for suspension of sentence is allowed. It is ordered that the sentence awarded to accused-applicant in Sessions Case No.26/2016 C.I.S. No.79/2016 shall remain suspended if the appellant furnishes a personal bond of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned trial Court to the effect that he shall appear before this Court as and when called upon to do so.

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(CHANDRA KUMAR SONGARA),J

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(PANKAJ BHANDARI),J

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ARTI SHARMA /5

Kashnoor W/O Alam Chaudhary v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kashnoor W/O Alam Chaudhary v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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