[2025:RJ-JP:21772-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 455/2025 Vimla Bai Wife Of Mahadev Meena, Resident Of Durgapura, Thana Dablana Distt. Bundi (Raj) (At Present The Appellant Is Confined In Women Jail Kota) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Amit Singh Shekhawat For Respondent(s) : Mr. Sudesh Saini, Addl. GA with Mr. Vibhor Arora & Ms. Neha Goyal HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA HON'BLE MR. JUSTICE BHUWAN GOYAL Order 23/05/2025 1. This application for suspension of sentence under Section 430 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by accused-applicant being aggrieved by the Judgment of conviction and order of sentence dated 12.12.2019 passed by the Additional Sessions Judge No.2, Bundi, vide which accused- applicant has been convicted for the offence under Section 302 of I.P.C. and sentenced to undergo life imprisonment with fine. 2. Heard learned counsel for the applicant and learned Public Prosecutor and perused the record of the case. 3. Learned counsel for accused-applicant submits that applicant is innocent lady and has been falsely enroped in this case. He also submits that no recovery of weapon of offence i.e. axe was [2025:RJ-JP:21772-DB] (2 of 2) [SOSA-455/2025] affected from the applicant and same is suspicious. He further submits that applicant is languishing in jail for last more than twelve years including remission and hearing of the appeal is still likely to consume long time. He, therefore, prays that sentence awarded to accused-applicant may be suspended and she may also be released on bail. 4. Learned Public Prosecutor has vehemently opposed application for suspension of sentence and submits that P.W. 3 – Badam Bai has made specific allegation of causing murder of deceased Monika, a minor girl of aged 8 years, against the accused-applicant. The bloodstained axe was recovered at the instance of the accused-applicant, which connects her with the alleged crime. Therefore, he prays that this application for SOS may be rejected. 5 Having regard to the facts and circumstances of the case and considered arguments advanced by learned counsel for the parties and looking to the statement of P.W. 3 – Badam Bai coupled with recovery of bloodstained axe at the instance of accused-applicant and the FSL Report, without commenting upon the merits or demerits of the case, this court is of the opinion that it is not a fit case for suspending the sentence awarded to the accused- applicant. 6. Accordingly, instant application for suspension of sentence filed by the accused-applicant is dismissed. (BHUWAN GOYAL),J (NARENDRA SINGH DHADDHA),J INDER/26