HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Misc. Suspension of Sentence Application

No.1249/2019

in

S.B. Criminal Appeal No. 1805/2019

1.

Daulat S/o Choth Mal, R/o Village Gudla, Police Station

Patan, Distt. Bundi Raj. (Presently Confined In Central Jail

Kota)

2.

Badra Bai W/o Daulat, R/o Village Gudla, Police Station

Patan, Distt. Bundi Raj. (Presently Confined In Central Jail

Kota)

----Appellants

Versus

State Of Rajasthan, through P.P.

----Respondent

For Appellant(s)

:

Mr. Dheeraj Singhal

For State

:

Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Order

10/08/2021

1.

Accused-appellants have preferred this suspension of

sentence application.

2.

Heard on application for suspension of sentence.

3.

It is contended by counsel for the appellants that marriage of

the prosecutrix took place in the year 2016. The present FIR was

lodged in August, 2017, wherein the allegations have been

levelled against the appellants, who happens to be mother and

step father of the prosecutrix. It is also contended that the

prosecutrix in her cross-examination has admitted that the

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[CRLAS-1805/2019]

appellants wanted to give her in Nata marriage to some other

person. Prosecutrix did not want to enter into Nata marriage and,

therefore, she filed the present FIR against the appellants. It is

further contended that the appellants period of custody including

the remission period is around four years and four months.

4.

Learned Public Prosecutor has opposed the suspension of

sentence application. It is contended that the allegation against

appellant No.1 is of raping her step daughter. Appellant No.2 is her

mother.

5.

I have considered the contentions.

6.

Taking note of the fact that the FIR has been lodged more

than one year of marriage, prosecutrix herself has stated that she

did not want to enter into Nata marriage and appellants were

pressing upon her to enter into Nata marriage and for that reason,

she has lodged the FIR, also taking the custody period of

appellants and the fact that disposal of appeal will take time, and

also considering the contentions put forth by counsel for the

appellants, I deem it proper to allow the application for suspension

of sentence.

7.

Accordingly, the suspension of sentence application is

allowed. It is ordered that the sentence awarded to accused

appellants in Sessions Case No.116/2018 shall remain suspended

if the appellants furnish a personal bond of Rs.1,00,000/- and two

sureties of Rs.50,000/- each to the satisfaction of the learned trial

Court to the effect that they shall appear before this Court as and

when called upon to do so.

(PANKAJ BHANDARI),J

CHANDAN /2