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HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Misc. (SOS) Application No. 543/2023

In

S.B. Criminal Appeal No.599/2023

Smt. Rekha Wife Of Sharwan Jogi, Resident Of Nangalroopa

Police Station Kherli, At Present Resident Of Bakhtal, Police

Station Udhyog Nagar, Alwar (Raj.) (At Present In Central Jail,

Alwar)

----Appellant

Versus

State Of Rajasthan, Through P.p

----Respondent

For Appellant(s)

:

Mr. Raj Kumar Sharma

For Respondent(s)

:

Mr. Imran Khan, PP

HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

18/04/2023

Learned Public Prosecutor has submitted criminal

antecedents along with custody certificate and same is taken on

record.

Learned counsel for the appellant submits that appellant was

on bail during trial and after the sentence she was taken into

custody and was sent to undergo the sentence awarded by

learned trial court. He submits that as per the prosecution story

and the evidence so laid by prosecution deceased has committed

suicide and there were no incidences of abatement of suicide as

defined under Section 107 of IPC so proved during the evidence

laid by prosecution. He further submits that learned trial court has

committed serious error while convicting the present appellant as

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there was not single iota of evidence to prove and connect her

with factum of abatement of suicide. He further referred the

statements of witnesses and submits that no cogent evidence was

laid so as to prove the reasons behind suicide. He further referred

that it was an admitted fact by the witnesses of prosecution that

deceased was under pressure due to loan of Rs.3 Lakh and none

repayment of same was trigger point for committing suicide. He

further submits in the present matter, appellant is a female and

after remarriage she has delivered a baby whereas from previous

wedlock she was borne two kids and all are minor and being

mother, it is her duty to foster them. He further submits that

disposal of appeal will take its own time and it is a fit case,

wherein the application for suspension of sentence be considered.

Aforesaid contentions were opposed by learned Public

Prosecutor.

Having considered the grounds of appeal and perused the

record along with the submissions as referred during the course of

arguments.

Present appellant was on bail during trial and she is a

female, the fact, which was noticed by learned trial court at the

time of sentence was that the appellant has remarried and she

has a baby after from remarriage but previous wedlock with

deceased she had two more kids. At this stage, it is not possible

for the court to opine on the evidence so laid by prosecution

before learned trial court, but it is a fit case, wherein this court

deems it appropriate to allow the suspension of sentence

application of present appellant-Smt. Rekha Wife Of Sharwan

Jogi provided she executes a personal bond of Rs.50,000/- with

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two sureties of Rs.25,000/- each to the satisfaction of the learned

Trial Judge for her appearance in this Court on 20.09.2023 and

whenever ordered to do so till the disposal of the appeal on the

conditions indicated below:-

1. That she 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, she 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),

she will give in writing their changed address to the

trial Court.

Misc. application stands disposed of.

(ASHOK KUMAR JAIN),J

Arun/15