Jaya vs State Of Rajasthan

At the outset, learned Public Prosecutor submits that State does not want to file any reply to application seeking suspension of sentence.

Heard learned counsel for the applicant and learned Public Prosecutor.

Mr. P.C. Sharma, learned counsel appearing for the applicant/appellant submits that there is no evidence against the applicant indicating towards her involvement in the commission of the crime. As per PW.1, namely, Naresh, co-accused Pintu, was armed with knife, and Gaurishanker & Dayalal were armed with "Lathi(s)". None of the prosecution eyewitnesses has alleged that the applicant was armed with any particular weapon. No recovery of weapon has been made from the applicant during the investigation. When the autopsy was conducted, only two external wounds were found on the person of deceased. No specific injury is attributed to applicant, Smt. Jaya. Smt. Jaya, has delivered a child in jail and she was on bail during the trial and did not misuse the liberty granted to her.

It is submitted that sentence awarded to co-convict, namely, Mahendra Kumar, has already been suspended by a Coordinate Bench vide order dated 18.11.2019 passed in D.B. Cri. Misc. Suspension of Sentence Application (Appeal) No.1209/2019 and the case against the applicant is not distinguishable from the case as against Mahendra Kumar.

Learned Public Prosecutor has opposed the application for suspension of sentence, however, he has fairly not disputed that the case of the applicant/appellant is not distinguishable qua co-convict, Mahendra Kumar, whose substantial sentence already stands suspended by this Court, as aforesaid.

Having regard to the arguments advanced and considering the fact that sentence awarded to co-convict, Mahendra Kumar, has been suspended by a Coordinate Bench and hearing of the appeal is likely to take time, we are inclined to accept this application for suspension of sentence.

Accordingly, the instant application for suspension of sentences filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the Sessions Judge, Dungarpur, vide judgment dated 01.08.2019 in Session Case No.7/2016 (CIS No.3/2016) against the appellant-applicant Smt. Jaya W/o Dayalal Manat, 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 the learned trial Judge for her appearance in this court on 06.01.2020 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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

That if the applicant changes 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.

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

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 related to original case in which the accused-applicant 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 does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.