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HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Criminal Misc Suspension Of Sentence Application (Appeal)

No. 2429/2025

Smt. Seema W/o Ramratan, Aged About 30 Years, R/o

Padampura Road, Village Makadwali, Police Station Christian

Ganj, Ajmer. (At Present Confined In Central Jail Ajmer)

----Petitioner

Versus

State Of Rajasthan, Through Public Prosecutor.

----Respondent

For Petitioner(s) : Mr. Vinay Pal Yadav

For Respondent(s) : Mr. Naresh Kumar Gupta, PP

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI

Order

29/01/2026

Custody certificate submitted by the learned Public

Prosecutor is taken on record.

The accused-applicant (for short, ‘the applicant’) has been

convicted and sentenced by the learned Additional Sessions Judge

No.2, Ajmer (for short, ‘learned trial Court’) vide judgment dated

14.11.2025 as under:

5. Under Section 302/34 IPC: Life imprisonment and fine of

Rs. 20,000/- in default thereof, one year simple imprisonment.

Learned counsel for the applicant submits that the allegation

against her is of inflicting injuries on the body of deceased-Shivraj

with Dantli (a curved sharp edged weapon) but, as per the post-

mortem report (Ex-P-26), there is no corresponding injury and the

fatal injuries i.e., lacerated wounds on his skull, have been

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attributed to co-accused. He submits that she was on bail during

trial and is in custody for a period of two months 18 days and

prays for her suspension of sentence.

Per contra learned Public Prosecutor has vehemently

opposed the application.

Heard. Considered.

It is evident that the allegation against the applicant is of

inflicting injuries on the body of the deceased with a sharp edged

weapon but, there is no corresponding injury on his body rather,

as per post-mortem report and the testimony of Dr. R.K. Mathur

(PW-15), who conducted the autopsy, cause of death was two

lacerated wounds on his head which have specifically been

attributed to co-accused. The applicant was on bail during trial

with no allegation of its misuse. Hearing of the appeal is likely to

take time.

In view thereof, the suspension of sentence application is

allowed. The substantive sentence awarded to the applicant by the

learned trial Court vide judgment dated 14.11.2025 shall remain

suspended during pendency of the appeal provided she furnishes

bail bonds to the satisfaction of the learned trial Court to the

effect that she shall appear before this Court on or before

04.03.2026 and as and when called upon to do so till disposal of

the appeal and subject to following conditions:

1. That she will appear before the

learned trial court in the month of January of

every year till the appeal is decided.

2. That if the applicant change the place

of residence, she will give in writing her changed

address to the learned trial Court as well as to

counsel in the High Court who shall, in turn,

inform this Court.

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3. Similarly, if the sureties change their

address(s), they will give in writing their changed

address to the learned trial Court.

The learned trial Court shall keep the record of attendance of

the accused-applicant in a separate file. Such file be registered as

Criminal Misc. Case relating to original case in which the accused-

applicant was tried and convicted. A copy of this order shall also

be placed in that file for ready reference. Criminal Misc. file shall

not been taken into account for statistical purpose relating to

pendency and disposal of the case in the trial Court. In case, the

said accused-applicant do not appear before the learned trial

Court, learned trial Judge shall report the matter to the High Court

for cancellation of benefit extended by this order.

(CHANDRA PRAKASH SHRIMALI),J (MAHENDAR KUMAR GOYAL),J

GAURAV SHARMA /17

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