[2025:RJ-JP:21738] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 946/2025 In S.B. Criminal Appeal No. 1244/2025 Smt Karanbai Urf Sooki W/o Sh Ramsingh, Aged About 66 Years, Resident Of Antripura Police Station Langra District Karauli (Rajasthan) (Presently Confined In Central Jail At Sewar District Bharatpur) ----Petitioner Versus State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. Arvind Sharma with Ms. Pankaj Solanki For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 22/05/2025 1. The instant application for suspension of sentence is preferred in pending appeal preferred by appellant-Smt Karanbai Urf Sooki W/o Sh Ramsingh filed aggrieved from order of conviction and sentence dated 03.05.2025 in Sessions Case No.75/2023 passed by learned Sessiolns Judge, Karauli whereby appellant was convicted for offence under Section 436 IPC and sentenced accordingly. 2. Learned counsel for the appellant submitted that appellant is innocent person and she was falsely implicated by complainant. He further submitted that appellant is a female and her age is [2025:RJ-JP:21738] (2 of 4) [SOSA-946/2025] around 70 years. He further submitted that due to animosity, appellant was named by complainant but there is no direct evidence to implicate appellant for causing mischief by fire. He further submitted that for the incident of 11.04.2023 report was registered after a delay of one day on 12.04.2023 and no explanation was offered for delay. He further submitted that the entire case revolved around testimony of PW-5 who is 12 years old child witness. He further submitted that PW-5 is a tutored witness and her deposition is not reliable. He further submitted that no regular or substantial evidence is available on record to implicate appellant. At last, he submitted that appellant was on bail during trial and disposal of appeal will take its own time. 2. Aforesaid contentions were opposed by learned Public Prosecutor. He submitted custody certificate and report received from concerned police station and same are taken on record. 3. Heard learned counsel for appellant and learned Public Prosecutor. Perused the record. 4. On the basis of report Ex.P-1 lodged by PW-1 Bableshabout committal of mischief by fire by appellant, FIR No.45/2023 under Section 436 IPC was registered under Section 436 IPC. After investigation, a charge-sheet has been filed against appellant. Prosecution has examined eight witnesses and exhibited 14 documents. The appellant was examined under Section 313 Cr.P.C. and she examined herself as DW-1 and Murari as DW-2 in defence and exhibited two documents. The trial court has convicted appellant under Section 436 IPC and sentenced to undergo simple imprisonment of 7 years with fine of ₹25,000/-. [2025:RJ-JP:21738] (3 of 4) [SOSA-946/2025] 5. We have considered statement of PW-1 complainant and his wife PW-2. We have also considered cross-examination of PW-5 Shivani. The matter was investigated by PW-6 Lakhiram. We have considered defence witness DW-1 Karanbai, DW-2 Murari. The grounds raised by learned counsel for appellant can be considered at the time of final adjudication. The appellant was released on bail in pursuant to order dated 01.06.2023 in bail application No.6662/2023 passed by a Co-ordinate Bench of this Court. The disposal of appeal will take its own time. 6. At this stage, it is not possible to express any opinion on merits of the case but looking to the facts and circumstances of the case, it is appropriate to allow SOS application. 7. Therefore, without expressing any opinion on merits, I am of considered view that it is a fit case wherein appellant can be enlarged on bail. The application under Section 430(1) B.N.S.S. is allowed and sentence of appellant accused-Smt Karanbai Urf Sooki W/o Sh Ramsingh is suspended till disposal of appeal with the condition that she would executes a personal bond in the sum of Rs.50,000/-with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for her appearance in this court on 04.09.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. After release of appellant on bail, she will not indulge in any criminal activity and if it is found that she is involved in any criminal activity, the order shall be recalled. [2025:RJ-JP:21738] (4 of 4) [SOSA-946/2025] 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(s) changes the 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. 8. Misc. Application stands disposed of. 9. A copy of this order be sent to learned trial court through E- mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /23