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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE INDERJEET SINGH, MR. JUSTICE PRAMIL KUMAR MATHUR, JJ
RATNA SONI W/O SHRI ARUN SONI – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
1. This suspension of sentence application has been filed by the applicant along with the appeal.
2. Counsel for the applicant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that the sentence of life imprisonment has been awarded to the applicant under Section 302 IPC and she is in Open Air Camp Jail at Ajmer. He further submits that the applicant is a lady and she has been falsely implicated in this matter and she has served the sentence for a period of more than ten years. He further submits that no other criminal case is pending against the applicant and the hearing of appeal may take long time and prayed that sentence awarded to the applicant may be suspended and she be released on bail during the pendency of the appeal.
3. Counsel for the applicant has relied upon the judgment passed by the Hon’ble Supreme Court in the matter of ‘Saudan Singh versus The State of Uttar Pradesh’, (Criminal Appeal No.308/2022 (SLP (Crl.) No.4633/2021), decided on 25.02.2022, where in relevant para it has been held as under:-
“The second category of cases can be one where the person has served out more than 10 years of sentence. In these cases al
In cases where a person has served more than ten years of imprisonment, bail may be granted unless there are extenuating circumstances.
The court may suspend a sentence if the appellant has served over 10 years and there are no extenuating circumstances for denial of bail.
Prolonged custody without hearing and absence of aggravating circumstances justify suspension of sentence and grant of bail.
Long-term custody without appeal hearing and absence of aggravating circumstances justify suspension of sentence and grant of bail.
The main legal point established in the judgment is the consideration of suspension of sentence and bail for persons who have completed 10 years of sentence and whose appeal is not in proximity of he....
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