Allowed

Ashi v. State of Rajasthan

Rajasthan HC19 Apr 2023SOSA/94/2023

Case brief

AI extract

What is this about?

This Court allowed the application for suspension of sentence filed by four female accused under Section 389 Cr.P.C. considering their age, bail history, and dilution of bail parameters for females. They are to be released on bail subject to a personal bond with conditions.

What did the court decide?

Sentsnces suspended pending appeal; granted bail on bond of Rs. 50,000 with two sureties of Rs. 25,000 each subject to attendance conditions.

Ashi Vs State of Rajasthan — Service and Employment | Rajasthan HC (2023)

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[2023/RJJD/010809]

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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. 94/2023

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Ashi W/o Nanu Ram, Aged About 69 Years, Riddi, Teh. Sridungargarh, Dist. Bikaner (Raj.). (At Present Lodged In Central Jail Bikaner).

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Parmeshwari W/o Rameshwar, Aged About 63 Years, Riddi, Teh. Sridungargarh, Dist. Bikaner (Raj.). (At Present Lodged In Central Jail Bikaner).

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Sohani W/o Prabhu Ram, Aged About 65 Years, Riddi, Teh. Sridungargarh, Dist. Bikaner (Raj.). (At Present Lodged In Central Jail Bikaner).

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Rami W/o Arjun Ram, Aged About 63 Years, Riddi, Teh. Sridungargarh, Dist. Bikaner (Raj.). (At Present Lodged In Central Jail Bikaner).

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----Petitioners

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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. Sandeep Saruparia Mr. Amardeep Lamba For Respondent(s) : Mr. R.R. Chhaparwal, P.P.

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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19/04/2023

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Heard learned counsel for the appellants/applicants and learned Public Prosecutor on the application for suspension of sentences.

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Learned counsel for the appellants/applicants submits that appellants/applicants were on bail during trial. It is further submitted that appellant/applicant No.1 is 69 years of age,

[2023/RJJD/010809]

[SOSA-94/2023]

(2 of 3)

appellant/applicant No.2 is 63 years of age, appellant/applicant No.3 is 65 years of age and appellant/applicant No.4 is 63 years of age. It is also submitted that there are omnibus allegation levelled against the applicants.

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Learned Public Prosecutor has opposed the suspension of sentence application.

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Looking into the age of the appellants/applicants and the dilution in bail parameters carved out for the females in the Code of Criminal Procedure as well as the fact that the appellants/applicants were on bail during trial and upon a consideration of the arguments advanced on behalf of the appellants and having regard to the facts and circumstances of the case, this Court is of the opinion that it is a fit case for suspending the sentences awarded to the accused appellants/applicants.

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Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Additional Sessions Judge No.3, Bikaner vide judgment dated 20.01.2023 in Sessions Case No.11/2022 against the appellant-applicants Ashi W/o Nanu Ram, Parmeshwari W/o Rameshwar, Sohani W/o Prabhu Ram and Rami W/o Arjun Ram shall remain suspended till final disposal of the aforesaid appeal and they shall be released on bail, provided they execute 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 their appearance in this court on 23.05.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

(3 of 3)

[2023/RJJD/010809]

[SOSA-94/2023]

That he/she/they 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(s) changes the place of residence, he/she/they will give in writing his/her/their 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(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant(s) was/were 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(s) 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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(PRAVEER BHATNAGAR),J

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(DR. PUSHPENDRA SINGH BHATI),J

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23-Taruna/-

Ashi v. State of Rajasthan

Case brief

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Ashi v. State of Rajasthan

Case brief

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