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Rajasthan High Court · body

2019 DIGILAW 3130 (RAJ)

Kali v. State

2019-12-19

ABHAY CHATURVEDI, SANDEEP MEHTA

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JUDGMENT 1. Learned Public Prosecutor has chosen not to file reply to this application for suspension of sentences and proposes to argue the matter orally. 2. Heard learned counsel for the applicant and learned Public Prosecutor and perused the material available on record. 3. The appellant applicant herein stands convicted for offences under Sections 147, 148, 323/149, 324/149 and 302/149 IPC vide judgment dated 01.08.2019 passed by learned Sessions Judge, Doongarpur in Sessions Case No.07/2016 (CIS No.03/2016). 4. Learned counsel representing the applicant-appellant urges that the sentences awarded to similarly situated co-accused Mahendra Kumar and and Smt. Jaya have already been suspended by this Court. He thus, craves indulgence of bail to the applicantappellant during the pendency of appeal. 5. Learned Public Prosecutor is not in a position to dispute the fact pointed out by the Counsel for the applicant-appellant. 6. In this view of the matter and the considering the fact that the applicant-appellant is a woman, 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 learned Sessions Judge, Doongarpur, vide judgment dated 01.08.2019 in Sessions Case No.07/2016 (CIS No.03/2016) against the appellantapplicant Smt. Kali W/o Shri Gaurishankar Manat shall remain suspended till final disposal of the aforesaid appeal and she shall be released on bail, provided she executes 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 17.01.2020 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 applicant(s) 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(s), they will give in writing their changed address to the trial Court. 7. The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant(s) was/were tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. 7. The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant(s) 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 applicant(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.