Smt. Manju Nayak @ Laxmi @ Vijaylaxmi vs State of Rajasthan

Heard learned counsel for the accused appellants and

learned Public Prosecutor on the 2nd SOS application and perused

the judgment impugned dated 09.08.2017 passed by Additional

Sessions Judge (Special Court), Sawaimadhopur, whereby the

accused appellants have been convicted for the offence punishable

under sections 341, 323, 324, 325, 326, 452, 307 & 34 IPC and

have been sentenced with maximum of ten years simple

imprisonment alongwith fine.

Learned counsel for the accused-appellants submits

that the 2nd SOS application has been moved on behalf of accused

Smt. Manju Nayak @ Laxmi @ Vijaylaxmi and Rajendra Singh.

Earlier application was decided when the record was

not called. Now learned counsel for the appellants has referred to

the statement of PW-12 Dr. Shishir Berwa, who medically

examined the injured Smt. Geeta. Learned counsel has referred

to the statement in cross-examination of PW-12, wherein he has

admitted that no opinion was given whether the injury was

dangerous to life or not. Counsel further submits that both the

accused-appellants were on bail during trial.

Learned Public Prosecutor has vehemently opposed the

prayer stating that the injury was grievous in nature and found on

parietal region.

Having considered the rival arguments and gone

through the relevant record and also taking into consideration the

fact that accused-appellants were enlarged on bail during trial, but

without expressing any final opinion on the merit and de-merit of

the case, I am inclined to suspend the sentence awarded to them

during the pendency of the appeal.

Accordingly, the application for suspension of sentence

is allowed. It is ordered that the sentence awarded to accused-

appellants (1)- Smt. Manju Nayak @ Laxmi @ Vijaylaxmi W/o Shri

Shankar Lal Nayak, and (2)- Rajendra Singh S/o Shri Charan

Singh in Sessions Case No.68/2016 (52/2014) shall remain

suspended on furnishing a personal bond of Rs.50,000/- and two

sureties bond of Rs.25,000/- each to the satisfaction of Deputy

Registrar (Judl.) of this Court with the stipulation remain present

before him on 17.01.2018 and as and when called upon to do so

before this Court along with following conditions:-

(1) that the accused appellants shall inform this court their complete and new address, whenever they change their residence during the pendency of appeal.

(2) The accused appellants shall appear before learned trial court once during the month of January in every year till the appeal is disposed off.

(3) The sureties will also undertake to ensure compliance of above two conditions and will also inform their new and correct address, whenever they change their place of residence.

The learned trial court shall keep the record of attendance of

the accused appellants in a separate file. Such file be registered

as Criminal Misc. Case related to the Sessions Case in which the

accused appellants 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

accused appellants do not appear before the trial court, the

learned trial judge shall report the matter to the High Court for

cancellation of bail.