Chail Kanwar W/o Shaitan Singh v. State of Rajasthan
2017-12-01
GOPAL KRISHAN VYAS, VIRENDRA KUMAR MATHUR
body2017
DigiLaw.ai
ORDER : 1. Heard learned counsel for the accused appellant as well as public prosecutor and considered the fact that out of two accused appellants, the accused appellant Smt. Chail Kanwar was on bail during trial and the accused appellant Kumari Kamlesh Kanwar was implicated in this case only on the basis of circumstantial evidence. 2. Learned counsel for the accused appellants submits that finding of learned trial Court for these two ladies is totally perverse and question of extra judicial confession does not arise in the facts and circumstances of the case, therefore, it is submitted that the prayer of the appellants for suspension of sentence may kindly be accepted. 3. Per contra, the learned Public Prosecutor has vehemently opposed the application for suspension of sentence. 4. After considering the entire facts and evidence of the present case without expressing any opinion on merits, we deem it appropriate to suspend the sentence awarded to accused-appellants. Accordingly, this application for suspension of sentence is allowed and it is ordered that the sentence awarded by the learned Addl. District & Sessions Judge, Balotra vide judgment dated 10.10.2017 in Sessions Case No. 1/2017 (1/2015) (CIS No. 8/2015) against the accused appellants Smt. Chail Kanwar W/o Shaitan Singh and Kumari Kamlesh Kanwar D/o Shaitan Singh shall remain suspended till the final disposal of aforesaid criminal appeal and they may be released on bail provided they execute personal bond in the sum of Rs. 50,000/- each along with two sureties in the sum of Rs. 25,000/- each to the satisfaction of the Trial Court for their appearance before this Court on 03.01.2018 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:— 1. That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided. 2. That if the applicants changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court. 3. Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court. 5. The learned trial Court shall keep the record of attendance of the accused-applicants in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicants was/were tried and convicted.
3. Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court. 5. The learned trial Court shall keep the record of attendance of the accused-applicants in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicants was/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 said accused applicants does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.