Allowed

Saraswati @ Jyana v. State of Rajasthan

Rajasthan HC4 Jan 2024SOSA/975/2023

Case brief

AI extract

What is this about?

The Rajasthan High Court allowed the appellant's application for suspension of sentence in a trial session case. Considering the lack of specific allegations against her regarding inflicting injury, the court suspended her life and other sentences pending appeal subject to a personal bond with sureties and conditions for appearance.

What did the court decide?

Sentence suspended till final disposal of appeal on execution of personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each and compliance with appearance conditions.

Saraswati @ Jyana Vs State of Rajasthan — Criminal Trial and Appeal | Rajasthan HC (2024)

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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. 975/2023

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Saraswati @ Jyana W/o Om Prakash, Aged About 35 Years, R/o Dhansiya, Police Station Pallu, District Hanumangarh. (Lodged At District Jail, Hanumangarh)

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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. Jeetender Singh Khichi For Respondent(s) : Mr. R.R. Chapparwal, PP Mr. Rakesh Matoria for complainant

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HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MUNNURI LAXMAN Order

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04/01/2024

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Heard learned counsel for the parties on the application for suspension of sentence.

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The instant application for suspension of sentence has been preferred by the appellant-applicant, who has been convicted and sentenced by the learned Additional Sessions Judge No.1, Nohar District Hanumangarh, vide judgment dated 14.07.2023 in Sessions Case No.41/2018. The appellant-applicant has been sentenced as under :-

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Offence U/s	Sentence	Fine	Sentence in default of
			payment of fine
302/34	Life	Rs. 25,000/-	One Month’s S.I.
I.P.C.	Imprisonment
323/34	Three Months	Rs.500/-	Seven Days’ SI

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[SOSA-975/2023]

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		(2 of 3)	[SOSA-975
I.P.C.	S.I.
341 I.P.C.		Rs. 200/-	Two Days’ S.I.

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Learned counsel for the appellant-applicant has argued that the trial court has grossly erred in convicting and sentencing the appellant-applicant for the offence under Section 302/34 IPC. Learned counsel has submitted that the allegation levelled against the appellant-applicant is to the effect that she helped the other co-accused persons in dragging injured Momman Ram to the house of Om Prakash. It is further submitted that there is no allegation of inflicting any injury on the body of the deceased against the appellant-applicant. Learned counsel has also submitted that the appellant-applicant was on bail during trial and she did not misuse the bail.

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Learned Public Prosecutor has opposed this application for suspension of sentence.

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Having heard learned counsel for the parties; after going through the material available on record, particularly taking into consideration the fact that no specific allegation of inflicting any injury is levelled against the appellant-applicant, without commenting on the merits of the case, we deem it appropriate to suspend the sentence of the appellant-applicant.

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Accordingly, this application for suspension of sentence is allowed and it is ordered that the sentence passed by the learned Additional Sessions Judge No.1, Nohar, District Hanumangarh, vide judgment dated 14.07.2023 in Sessions Case No.41/2018 against appellant-applicant - Saraswati @ Jyana W/o Om Prakash shall remain suspended till final disposal of the appeal, provided she executes a personal bond in the sum of Rs.50,000/-

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(3 of 3) [SOSA-975/2023]

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with two sureties of Rs.25,000/- each to the satisfaction of the learned trial judge for her appearance in this Court on 19.2.2024 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 appellant changes 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.

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Similarly, if the sureties change their address, 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-appellant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accusedappellant 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-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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(MUNNURI LAXMAN),J

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(VIJAY BISHNOI),J

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26-poonamS/-

Saraswati @ Jyana v. State of Rajasthan

Case brief

What is this about?

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Saraswati @ Jyana v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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