Allowed

Smt. Rangana v. State of Rajasthan

Rajasthan HC17 Apr 2023SOSA/124/2023

Case brief

AI extract

What is this about?

High Court suspended the substantive sentence and granted bail to the appellant-applicant during the pendency of her appeal in a Sessions case involving section 302/149 IPC and other offences.

What did the court decide?

Sentence suspended and accused granted bail on personal bond of Rs.50,000 with two sureties of Rs.25,000 each.

Smt. Rangana Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

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[2023/RJJD/010192]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 124/2023

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Smt. Rangana W/o Sh. Shanti Lal, Aged About 39 Years, Vill. Peepalara, P.s. Arthuna, Dist. Banswara (Raj.). (Presently Lodged In Central Jail, Udaipur).

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s)	: Mr. Shambhoo Singh Rathore.
For Respondent(s)	: Mr. B.R. Bishnoi,P.P.

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HON'BLE MR. JUSTICE ARUN BHANSALI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

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Order

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17/04/2023

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The appellant-applicant herein has been convicted and sentenced as below vide judgment dated 27.01.2023 passed by the learned Addl. Sessions Judge, Banswara in Sessions Case No. 131/2018:

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Offences	Sentence	Fine
147 IPC	2 years R.I.	Rs.2,000/- and in default of which to further undergo 2 months R.I.
148 IPC	2 years R.I.	Rs.3,000/- and in default of which to further undergo 3 months R.I.
447/149 IPC	3 months R.I.	Rs.500/- and in default of which to further undergo one month R.I.
323/149	1 year R.I.	Rs.1000/- and in default of which to further undergo 2 months R.I.
302/149	L.I.	Rs.1,00,000/- and in default

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of which to further undergo 6 months R.I.

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The appellant-applicant has preferred the application for suspension of sentence under Section 389 Cr.P.C. for release on bail during the pendency of the appeal.

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Leaned counsel for the appellant-applicant submitted that the trial court has grossly erred in convicting and sentencing the appellant – applicant for offences inter alia under Section 302/149 IPC. It is submitted that from the evidence produced by the prosecution, it is clear that fatal injury on the body of deceased – Dinesh is assigned to Basant & Prakash, who were brandishing sword and Dhariya, respectively and the only allegation against the appellant – applicant is to the fact that she was part of the unlawful assembly and that she along with Savita, Shanti Lal, Kalpesh and Kamal, gave blows to the deceased while against Kalpesh and Kamal, the police did not file any charge-sheet. It is submitted that the allegations made are omnibus.

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Learned counsel emphasized that the appellant-applicant was on bail during trial, she is a female and final hearing of the appeal is likely to take time and, therefore, the sentence may be suspended.

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Learned Public Prosecutor opposed the application for suspension of sentence.

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Having considered the totality of facts and circumstances of the case and after carefully scrutinizing the record of the case as well as the statement of eye-witness Smt. Laxmi – wife of the deceased and likelihood of hearing of the appeal taking substantially long time, without making observation on the merit,

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we consider it just and proper to suspend the substantive sentence awarded to the appellant – applicant Smt. Rangana W/o Sh. Shanti Lal, during the pendency of the appeal.

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Accordingly, the instant application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that sentence passed by the learned Addl. Sessions Judge, Banswara in Sessions Case No. 131/2018 against the appellant-applicant Smt. Rangana W/o Sh. Shanti Lal, 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.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for her appearance in this court on 16/5/2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:

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That she will appear before the trial court in the month of January of every year till the appeal is decided.

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That if the applicant change 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.

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Similarly, if the sureties change their address(s) they will give in writing their changed address to the trial court.

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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 accusedapplicant 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

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said accused-applicant did not appear before the trial court, learned trial Judge shall report the matter to the High Court for cancellation of bail.

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(RAJENDRA PRAKASH SONI),J

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(ARUN BHANSALI),J

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28-Sumit/-

Smt. Rangana v. State of Rajasthan

Case brief

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Smt. Rangana v. State of Rajasthan

Case brief

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