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2016 DIGILAW 118 (RAJ)

Manju @ Methi v. State of Rajasthan

2016-01-19

GOVIND MATHUR, JAISHREE THAKUR

body2016
JUDGMENT : While pressing this application, learned counsel for the applicant submits that the incident in question occurred on 07.04 2012 and Mrs. Sonal died on 14.06.2012, i.e. after lapse of more than two months. By referring medical evidence, it is pointed out that the deceased was having superficial burn injuries and further that the first page of the documents Ex.P/7 is not carrying any thumb impression of deceased. The cause of death given is also quite vague as that refers to only "complications of burn". Beside the above, as per learned counsel, the present applicant is a lady of about 47 years age and she is having 3 daughters of marriageable age. 2. Learned Public Prosecutor opposed the application in general. 3. Having considered all facts of the case and looking to the fact that the applicant is a lady of 47 years age and is mother of 3 daughters, we are inclined to grant this application. 4. Accordingly, this application seeking suspension of sentence is allowed and it ordered that the sentence passed by learned Additional Sessions Judge, Bali, District Pali vide judgment dated 24.11.2014 against appellant-applicant Mrs. Manju @ Methi W/o. Mr. Suresh Kumar shall remain suspended till final disposal of the aforesaid criminal appeal provided she executes a personal bond in the sum of Rs.25,000/- along with two sureties in the like amount each to the satisfaction of the learned trial court for her appearance in this Court on 19.02.2016 and subsequently before the trial court on the following conditions: 1. That she will appear before the trial court in the month of January every year till the appeal is decided. 2. That if the appellant changes her place of residence, she will give the changed address in writing to the trial court, High Court as well as to her counsel in the High Court. 3. Similarly if sureties change his/her/their address, they will give in writing his/her/their changed address to the trial court. 5. 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 the Sessions Case in which the accused appellant was tried and convicted A copy of this order shall also be placed in that file for ready reference. Criminal misc. 5. 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 the Sessions Case in which the accused appellant 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 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.