Sohani Devi vs State Of Rajasthan

Manoj Kumar Garg, J

Heard learned counsel for the appellant and learned Public Prosecutor. Perused the material available on record.

Counsel for the appellant submits that no specific averment has been made against the appellant for inflicting injury to the main injured Omprakash. The appellant was on bail during the trial and hearing of the appeal is likely to take long time, therefore, it is prayed that the substantive sentence awarded to the accused appellant may be suspended and she may be released on bail.

Learned Public Prosecutor has opposed the prayer made by the counsel for the appellant.

Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case including the facts that the appellant was on bail during the trial and hearing of the appeal is likely to take time, therefore, this court is of the opinion that it is a fit case for suspending the substantive sentence awarded to the accused appellant.

Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentence passed by learned Additional Sessions Judge No.4, Jodhpur Metro, vide judgment dated 11.12.2023 in Criminal Case No.150/2012 (NCV No.880/2014) against the appellant-applicant– Sohani Devi W/o Prema Ram, shall remain suspended till final disposal of the aforesaid appeal subject to the condition that the appellant shall deposit 50% of the fine amount as imposed by the learned trial Court and she shall be released on bail, provided she executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for her appearance in this court on 06.03.2024 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, they will give in writing their changed address to the trial Court.

Appellant shall deposit 50% of fine amount as imposed by the learned 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.