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2025 DAILYLAW 34857 (RAJ)

SMT. OMWATI WIFE OF SHRI RATAN SINGH v. STATE OF RAJASTHAN

SOSA/2341/2024 · 2025-03-04

Inderjeet Singh, Pramil Kumar Mathur

Criminal Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 2341/2024 In D.B. Criminal Appeal No.464/2024 Smt. Omwati Wife Of Shri Ratan Singh, Resident Of Village Sabora Police Station Kumher District Bharatpur Presently Tenant In The House Of Ajay Singh Subhash Nagar Police Kotwali Bharatpur ((At Present In Central Jail Bharatpur) ----Petitioner Versus State Of Rajasthan, Through The PP ----Respondent For Petitioner(s) : Mr. Biri Singh Sinsinwar, Sr. Adv. with Mr. Jaswant Singh Rathore For Respondent(s) For Complainant : Mr. Sudesh Kumar Saini, Addl. GA with Ms. Neha Goyal Mr. Ashwin Garg with Mr. Mohit Goyal HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 04/03/2025 1. This suspension of sentence application has been filed by the accused-applicant along with the appeal. 2. Counsel appearing on behalf of the accused-applicant submits that the accused-applicant has been convicted under Section 430 of BNSS, 2023. 3. Counsel for the accused-applicant submits that the accused- applicant is a lady aged about 60 years and she is behind the bars for last seven years. Counsel further submits that hearing of the appeal may take long time. (2 of 2) [SOSA-2341/2024] 4. Learned Additional Government Advocate assisted by counsel for the complainant has opposed the present suspension of sentence application. 5. We have heard counsel for the parties and perused the record. 6. Considering the submissions put-forth by counsel for the parties and taking into account the facts and circumstances of the present case and also considering the facts that the accused- applicant is a lady aged about 60 years and hearing of the appeal may take long time, we deem it just and proper to allow this criminal 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 accused-applicant shall remain suspended during the pendency of the criminal appeal and the accused-applicant be admitted to bail subject to satisfaction of the trial Court with the stipulation that he shall appear before this Court on 08.04.2025 and thereafter as and when called upon to do so. 8. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax for necessary compliance. (PRAMIL KUMAR MATHUR),J (INDERJEET SINGH),J sunita/9