[1] DB CRIM. SOSA NO.135/2016

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

O R D E R

D.B. CRIMINAL MISC. SUSPENSION OF SENTENCE APPLICATION

NO.135/2016

IN

D.B. CRIMINAL APPEAL NO.1303/2015

SMT. KAMLESH DEVI BAIRWA Vs. THE STATE OF RAJASTHAN

DATE:29.02.2016

HON'BLE MR.JUSTICE AJIT SINGH, ACTING CHIEF JUSTICE

HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA

Sh. Shri Ram Joshi, for the applicant/appellant.

Mr. N.S. Shekhawat, Public Prosecutor for the State.

*****

Heard on D.B. Criminal Misc. Bail Application No.135/2016,

which is an application for suspension of sentence and grant of bail, filed

on behalf of appellant Smt. Kamlesh Devi Bairwa.

Smt. Kamlesh Devi Bairwa along with her co-accused husband

Ramniwas Meena has been convicted under Section 302 of the Indian

Penal Code for committing murder of Hanuman.

There is no eye-witness to the incident and the entire case of

the prosecution is based on circumstantial evidence, mainly quarrel and

last seen. The post-mortem examination report does not indicate that

any injury was caused to Hanuman. The FSL report however indicates

that cause of death of Hanuman was due to consumption of methyl

alcohol. But there is no evidence to show that Smt. Kamlesh Devi had

administered methyl alcohol to Hanuman.

On due consideration of the facts and circumstances of the

case and also considering the fact that Kamlesh Devi Bairwa is a woman,

we deem it proper to suspend the sentence awarded to the appellant.

Accordingly, the bail application is allowed and it is ordered

that the sentence of appellant Smt. Kamlesh Devi Bairwa W/o Shri

Kaluram shall remain suspended till the disposal of the appeal and she

shall be released on bail, provided she furnishes a personal bond in the

[2] DB CRIM. SOSA NO.135/2016

sum of Rs.50,000/- with one surety in the like amount each to the

satisfaction of the trial court to the effect that she shall appear before

this court on 29.03.2016 and thereafter as and when called upon to do

so.

(MAHESH CHANDRA SHARMA),J.

(AJIT SINGH),ACTING C.J.

/KKC/

Certificate:

All corrections made in the judgment/order have been incorporated in the

judgment/order being emailed.

KAMLESH KUMAR

Sr.P.A.