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2025 DAILYLAW 33079 (RAJ)

RATNA SONI W/O SHRI ARUN SONI v. STATE OF RAJASTHAN

SOSA/2090/2024 · 2025-03-03

Inderjeet Singh, Pramil Kumar Mathur

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:9043-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 2090/2024 IN D.B. Criminal (Jail) Appeal No.968/2017 Smt. Ratna Soni W/o Shri Arun Soni, Aged About 35 Years, R/o 702/31 Barah Kothi Balupura Road Ajmer Police Station Alwar Gate Ajmer ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Himmat Singh. For Respondent(s) : Mr. Shri Ram Dhakar, Dy.G.A. HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 03/03/2025 1. This suspension of sentence application has been filed by the applicant along with the appeal. 2. Counsel for the applicant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that the sentence of life imprisonment has been awarded to the applicant under Section 302 IPC and she is in Open Air Camp Jail at Ajmer. He further submits that the applicant is a lady and she has been falsely implicated in this matter and she has served the sentence for a period of more than ten years. He further submits that no other criminal case is pending against the applicant and the hearing of appeal may take long time and prayed that sen- [2025:RJ-JP:9043-DB] (2 of 3) [SOSA-2090/2024] tence awarded to the applicant may be suspended and she be re- leased on bail during the pendency of the appeal. 3. Counsel for the applicant has relied upon the judgment passed by the Hon’ble Supreme Court in the matter of ‘Saudan Singh versus The State of Uttar Pradesh’, (Criminal Appeal No.308/2022 (SLP (Crl.) No.4633/2021), decided on 25.02.2022, where in relevant para it has been held as under:- “The second category of cases can be one where the person has served out more than 10 years of sentence. In these cases also at one go bail can be granted unless there are any extenuating circumstances against him.” 4. Learned Deputy Government Advocate opposed the suspension of sentence application. 5. We have heard counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the present case and also considering the fact that the applicant is a lady and she has served the sentence for a period of more than ten years as well as the judgments passed by the Hon’ble Supreme Court in the matter of Saudan Singh (supra) and the hearing of appeal may take long time, We deem it just and proper to allow this crim- inal miscellaneous suspension of sentence application. 7. In that view of the matter, this criminal miscellaneous suspension of sentence application is allowed and it is ordered that execution of sentence awarded to the applicant shall remain suspended during the pendency of the criminal appeal and the applicant be admitted to bail subject to satisfaction of the trial [2025:RJ-JP:9043-DB] (3 of 3) [SOSA-2090/2024] Court with the stipulation that she shall appear before this Court on 04.04.2025 and thereafter as and when called upon to do so. 8. Office is directed to send a copy of this order to the con- cerned trial Court through e-mail/fax for necessary compliance. (PRAMIL KUMAR MATHUR),J (INDERJEET SINGH),J MG/11