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2025 DAILYLAW 4846 (RAJ)

GHEESI BAI WIFE OF PREM BIHARI v. STATE OF RAJASTHAN

SOSA/218/2025 · 2025-03-03

Inderjeet Singh, Pramil Kumar Mathur

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:9195-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 218/2025 In D.B. Criminal Appeal No.56/2025 1. Gheesi Bai Wife Of Prem Bihari, Aged About 45 Years, Resident Of Village Charel Police Station Bapawar Kala District Kota (Raj) (At Present Confined In Central Jail Kota) 2. Teena Wife Of Dilip, Resident Of Village Charel Police Sta- tion Bapawar Kala District Kota (Raj) (At Present Confined In Central Jail Kota) 3. Reena Wife Of Late Shri Mahendra, Resident Of Village Charel Police Station Bapawar Kala District Kota (Raj) (At Present Confined In Central Jail Kota) ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Girish Khandelwal For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG with Mr. Gaurav Gupta, AAAG Mr. Aman Kumar, AAAG 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 accused-applicants along with the appeal. 2. Counsel appearing on behalf of the accused-applicants submits that the accused-applicants have been convicted for the [2025:RJ-JP:9195-DB] (2 of 3) [SOSA-218/2025] offences under Sections 148, 504, 323, 302/149 of Indian Penal Code, 1860. 3. Counsel for the accused-applicant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that the accused-applicants are confined in Central Jail, Kota. Counsel further submits that the accused-applicants have been falsely implicated in this matter and the sentence of life imprisonment has been awarded to the accused-applicants for the offence under Section 302/149 of Indian Penal Code, 1860. Counsel further submits that all the applicants are women and during trial all of them were on bail. Counsel further submits that allegation against the accused-applicants are general in nature. Counsel further submits that the appeal is not likely to be heard in near future and prayed that sentence awarded to the accused-ap- plicants may be suspended and they be released on bail during the pendency of the appeal. 4. Learned Advocate General-cum-Additional Advocate General 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-appli- cants are women and during trial all them were on bail and also considering the fact that the hearing of appeal may take long time, We deem it just and proper to allow this criminal miscella- neous suspension of sentence application. [2025:RJ-JP:9195-DB] (3 of 3) [SOSA-218/2025] 7. In that view of the matter, this criminal miscellaneous sus- pension of sentence application is allowed and it is ordered that execution of sentence awarded to the accused-applicants shall remain suspended during the pendency of the criminal appeal and the accused-applicants be admitted to bail subject to satisfaction of the trial Court with the stipulation that they shall appear before this Court on 07.04.2025 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 Upendra Pratap Singh /21