[2025:RJ-JD:5432-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 826/2024 Smt. Chota W/o Late Shri Poonamchand, Aged About 62 Years, B/c Harijan, R/o Lakhara Bazar, Harijan Basti, Jodhpur (Lodged At Central Jail, Jodhpur) ----Petitioner Versus State of Rajasthan. ----Respondent Connected With D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 824/2024 Amit @ Veera S/o Late Shri Poonamchand, Aged About 40 Years, B/c Harijan, R/o Lakhara Bazar, Harijan Basti, Jodhpur (Lodged At Central Jail, Jodhpur) ----Petitioner Versus State of Rajasthan. ----Respondent For Petitioner(s) : Mr. Gokulesh Bohra. For Respondent(s) : Mr. Deepak Choudhary, AAG. HON'BLE MR. JUSTICE VINIT KUMAR MATHUR HON'BLE MR. JUSTICE MANOJ KUMAR GARG Judgment / Order 28/01/2025 1. The appellants-applicants herein have been convicted and sentenced as below vide judgment dated 14.02.2019 passed by the learned Additional Sessions Judge (Women Atrocities Cases), Jodhpur Metropolitan, Jodhpur in Session Case No.39/2014 (NCV NO.1053/2014): Offence Sentence Fine 302/34 IPC Life Imprisonment Rs.10,000/- and in default of which to further undergo two months’ S.I. [2025:RJ-JD:5432-DB] (2 of 5) [SOSA-826/2024] 2. The appellants-applicants have preferred the applications for suspension of sentence under Section 389 Cr.P.C. during the pendency of the appeal and for release on bail. Earlier applications of the appellants - Smt. Chota and Amit @ Veera seeking suspension of sentence were dismissed on 07.07.2022 and 06.05.2019 respectively. 3. The only plea raised by learned counsel for the appellants- applicants is that as the applicants are in custody for more than 10 years and there is no chance of hearing of the appeal in near future, thus, in view of the directions of the Hon’ble Supreme Court dated 15.09.2022 in Sonadhar v. The State of Chhattisgarh : SLP (Crl.) No.529/2021, the sentence of the applicants may be suspended and they may be enlarged on bail. 4. Further submissions have been made that there are no reasons and / or extenuating circumstances for denial of bail. Submissions have also been made with reference to order dated 05.10.2021 in Saudan Singh v. The State of Uttar Pradesh : SLP (Crl.) No.4633/2021, wherein also observations have been made regarding grant of bail in the appeal at the High Court stage except certain exceptions and that none of the exceptions are applicable in the present cases. 5. Learned counsel for the applicants-appellants further submits that the sentence of co-accused persons Kiran and Ajay @ Tony has already been suspended by a Co-ordinate Bench of this Court vide order dated 12.07.2024 and the cases of the present applicants-appellants are not distinguishable from the cases of the co-accused persons Kiran and Ajay @ Tony. He, therefore, prays [2025:RJ-JD:5432-DB] (3 of 5) [SOSA-826/2024] that the substantive sentences of the present applicants- appellants may be suspended. 6. Learned Public Prosecutor opposed the applications for suspension of sentence. However, he has not denied that the appellants-applicants have already undergone sentence of more than 10 years during trial and after sentence. 7. We have considered the submissions made by learned counsel for the parties and have perused the material available on record. 8. Looking to the fact that criminal appeal pertaining to year 2008 are pending for hearing, there is no likelihood of hearing of the present appeal in near future. 9. The Hon’ble Supreme Court in the case of Sonadhar (supra), while dealing with SMW (Crl.) No.4/2021 pertaining to ‘life convicts in jail whose appeals are pending before the High Court’ inter-alia, issued the following directions :- “We consider appropriate to issue directions in terms of the aforesaid suggestions to the Patna High Court and on a pari materia basis to even the other High Courts. However, in order to carry out this exercise, the data would have to be compiled of such of the persons who have been in custody for more than 10 years and more than 14 years, with these persons being considered for grant of bail pending appeal, if there is no chance of hearing of the appeal in the near future, unless there are reasons for denial of bail. We can understand if any of the parties is delaying the appeal itself but short of that, we are of the view that all persons who have completed 10 years of sentence and appeal is not in proximity of hearing with no extenuating circumstances should be enlarged on bail.” 10. Prior to that in the case of Saudan Singh (supra) also observations were made regarding grant of bail in cases where convicts have undergone sentence for sufficiently long time and [2025:RJ-JD:5432-DB] (4 of 5) [SOSA-826/2024] appeals were pending at the High Court stage with exceptions indicated therein. 11. In the present case as observed herein-before, the appellants-applicants have already undergone sentence for more than 10 years and apparently, there are no chances of hearing of the present appeal in near future. Except for the fact that the appellants-applicants were involved in offence leading to their conviction for life, nothing has been brought on record by way of extenuating circumstances for denial of suspension of sentence. 12. Consequently, following the order in the case of Sonadhar (supra) and observations made in Saudan Singh (supra), without making any observations on merits of the case and only on account of the fact that more than 10 years’ sentence has already been undergone by the appellants-applicants, we are inclined to suspend the substantive sentence of the appellants-applicants, namely, Smt. Chota W/o Late Shri Poonamchand and Amit @ Veera S/o Late Shri Poonamchand, during the pendency of the appeal. 13. Accordingly, the instant applications for suspension of sentence filed under Section 389 Cr.P.C. are allowed and it is ordered that substantive sentence passed by learned Additional Sessions Judge (Women Atrocities Case), Jodhpur Metropolitan, Jodhpur in Session Case No.39/2014 (NCV NO.1053/2014) against the appellants-applicants, namely, Smt. Chota W/o Late Shri Poonamchand and Amit @ Veera S/o Late Shri Poonamchand shall remain suspended till final disposal of the aforesaid appeals and they shall be released on bail, provided that both of them execute a separate personal bond in the sum of [2025:RJ-JD:5432-DB] (5 of 5) [SOSA-826/2024] Rs.50,000/- each with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for their appearance in this court on 27.02.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below: 1. That they will appear before the trial court in the month of January of every year till the appeal is decided. 2. That if the applicants change the place of residence, they will give in writing his changed address to the trial Court as well as to the counsel in the High Court. 3. Similarly, if the sureties change his/their address(s) they will give in writing their changed address to the trial court. 14. The learned trial court shall keep the record of attendance of the accused-applicants in a separate file. Such file be registered as Criminal Misc. Case relating to original case in which the accused- applicants were tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not been taken into account for statistical purpose relating to pendency and disposal of the cases in the trial court. In case the said accused-applicants do not appear before the trial court, learned trial Judge shall report the matter to the High Court for cancellation of bail. (MANOJ KUMAR GARG),J (VINIT KUMAR MATHUR),J 1-2-Shahenshah/-