The High Court allowed the suspension of sentence for Rassi Bai under SOSA No. 326/2023 under Sec. 389 Cr.P.C., granting her bail bond pending appeal. Simultaneously, it dismissed the application for Kanjee under SOSA No. 62/2023 as it was not pressed.
Suspension of sentence allowed for Rassi Bai; Dismissed for Kanjee as not pressed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 326/2023
Rassi Bai W/o Shri Kanji, Aged About 43 Years, R/o Jabla Fla Upla Ps Tidi Dist. Udaipur (At Present Lodged At Mahila Bandigarh Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 62/2023
Kanjee S/o Kalu Meena, Aged About 45 Years, R/o Jabla Fala Upla, Police Station T.d. Dist. Udaipur, Rajasthan. (At Present Lodged In Central Jail, Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Deepak Choudhary Mr. Sikander Khan For Respondent(s) : Mr. R.R. Chapparwal, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Order
03/08/2023
DBSOSA No.326/2023
Heard learned counsel for the parties on the application for suspension of sentence.
Learned counsel for the appellant-applicant has submitted that the trial court has grossly erred in sentencing and convicting
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[SOSA-326/2023]
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the appellant-applicant vide impugned judgment. It is further submitted that from the statements of the prosecution witnesses, it can be gathered that the fatal injury was caused by co-accused Kanji and not by appellant-applicant. It is also submitted that as a matter of fact, on sudden provocation, quarrel took place between brother and father of the co-accused wherein both the parties received injuries including co-accused Kanji and the appellantapplicant. It is argued that there was no intention of the appellantapplicant to commit murder of the deceased, but during free fight, a grievous fatal injury was received by the deceased, which resulted into his death. It is further submitted that the appellantapplicant is a lady and she was on bail during trial. Learned counsel has submitted that hearing of the appeal preferred on behalf of appellant-applicant is likely to take time. It is, thus, prayed that the sentences awarded to the appellant-applicant by the trial court may be suspended.
Per contra, learned Public Prosecutor has opposed the application for suspension of sentence.
Having considered the totality of facts and circumstances of the case, without expressing any opinion on the merits of the case, we consider it just and proper to suspend the substantive sentences awarded to the applicant-appellant.
Accordingly, this application for suspension of sentence filed under Sec.389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Special Judge, SC/ST Court, Udaipur vide judgment dated 02.11.2022 in Sessions Case No.
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36/2019 (CIS No.95/2019) against appellant-applicant - Rassi Bai W/o Shri Kanji shall remain suspended till final disposal of the 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 the learned trial Judge for her appearance before this court on 05.09.2023 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:-
The learned trial Court shall keep the record of attendance of the accused-applicant-appellant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant-appellant 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 pendency and disposal of cases in the trial court. In case the said accused-applicant-appellant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.
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DBSOSA No.62/2023
Learned counsel for the appellant-applicant does not want to press the application for suspension of sentence No.62/2023 at this stage.
Hence, the application for suspension of sentence No.62/2023 is dismissed as not pressed at this stage.
(RAJENDRA PRAKASH SONI),J
(VIJAY BISHNOI),J
28-29-Anshul/-
3 issues framed by the court
Whether the application for suspension of sentence under Sec. 389 Cr.P.C. by Rassi Bai should be allowed given the ground of gross error in sentencing.
Whether the application for suspension of sentence under SOSA No. 62/2023 by Kanjee should be dismissed as not pressed.
Whether to grant suspension of sentence pending appeal on condition of executing personal bond and appearance before trial court.
1 provisions across 1 enactments
Rassi Bai W/o Shri Kanji
Kanjee S/o Kalu Meena
State Of Rajasthan
VIJAY BISHNOI
RAJENDRA PRAKASH SONI
As recorded by the court registry
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