[2025:RJ-JP:7246-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc. 4th Suspension Of Sentence Application (Appeal) No. 2198/2024 in D.B. Criminal Appeal No. 293/2018 Manju Devi W/o Shankar Lal D/o Late Shri Sanwalram, Aged About 36 Years, R/o Kolsiya Police Station Nawalgarh Currently Residing At Dhaka Ka Baas, Police Station Nawalgarh, District Jhunjhunu. (Presently Confined At Central Jail Jaipur) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Deepak Soni For Respondent(s) For Complainant(s) : Mr. S.R. Dhakad, Dy.GA with Mr. Gourav Gupta, Asstt. GA & Mr. Manvendra Singh, Dy.GA Mr. Prashant Joshi HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA HON'BLE MR. JUSTICE BHUWAN GOYAL Order 19/02/2025 1. This fourth application for suspension of sentence under Section 430 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by accused-applicant being aggrieved by the Judgment of conviction and order of sentence dated 19.07.2018 and 23.07.2018 passed by the Sessions Judge, Jhunjhunu, vide which accused-applicant has been convicted for the offences under Sections 302/34 and 201 of I.P.C. and sentenced to undergo maximum life imprisonment with fine. [2025:RJ-JP:7246-DB] (2 of 3) [SOSA-2198/2024] 2. Heard learned counsel for the applicant, learned Public Prosecutor as well as learned counsel for the complainant and perused the record of the case. 3. Learned counsel for accused-applicant submits that applicant who is only 36 years young, is innocent lady and has been falsely enroped in this case. He also submits that sentence awarded to similarly situated co-accused, namely, Shankar Lal has already been suspended by a coordinate Bench of this Court vide Order dated 11.11.2024. He further submits that applicant is languishing in jail for last almost 10 years including remission and hearing of the appeal is still likely to consume long time. He, therefore, prays that sentence awarded to accused-applicant may be suspended and she may also be released on bail. 4. Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed application for suspension of sentence and submit that earlier three consecutive applications for suspension of sentence filed on behalf of the applicant have been rejected by this Court and there is no change in circumstances. Therefore, it has been prayed that this fourth application for SOS may be rejected. 5 Having regard to the facts and circumstances of the case and considered arguments advanced by learned counsel for the parties and the fact that applicant is a young woman and sentence awarded to the similarly situated co-accused Shankar Lal has already been suspended, this court is of the opinion that it is a fit case for suspending the sentences awarded to the accused- applicant. 6. Accordingly, instant fourth application for suspension of sentence filed by the accused-applicant under Section 430 of B.N.S.S., 2023 is allowed and it is ordered that sentence awarded [2025:RJ-JP:7246-DB] (3 of 3) [SOSA-2198/2024] by the Sessions Judge, Jhunjhunu vide judgment of conviction and order of sentence dated 19.07.2018 and 23.07.2018 in Sessions Case No. 22/2017 against accused-applicant - Manju Devi w/o Shankar Lal D/o Late Shri Sanwalram shall remain suspended till final disposal of aforesaid appeal and she shall be released on bail, provided she executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial Judge for her appearance in this court on 19.03.2025 and whenever ordered to do so till disposal of the appeal on the conditions indicated below:- 1. After release of the accused-applicant, she shall not indulge in any criminal activity and if it is found that she is involved in any criminal activity, instant order shall be recalled. 2. That she will appear before the trial Court in the month of January of every year till the appeal is decided. 3. That if the applicant changes place of residence, she will give in writing her changed address to the trial Court as well as to the counsel in the High Court. 4. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court. (BHUWAN GOYAL),J (NARENDRA SINGH DHADDHA),J INDER/48