[2025:RJ-JP:19374-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 437/2025 in D.B. Criminal Appeal No. 98/2025 Smt Kadi W/o Ballu @ Patanna, Aged About 34 Years, Ro Hadoti Ps Sapotara District Karauli Rajasthan (Presently Confined In District Jail Gangapurcity) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Ravindra Kumar Paliwal For Respondent(s) : Mr. Amit Punia, P.P. HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE BHUWAN GOYAL Order ORDER RESERVED ON : 08/05/2025 ORDER PRONOUNCED ON : 09/05/2025 PER BHUWAN GOYAL J. : 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 15.02.2025 passed by the Additional Sessions Judge No. 1, Gangapur City in Sessions Case No. 64/2014, vide which accused-applicant has been convicted and sentenced as under :- Offence Sentence Fine Default sentence u/s 302/120-B IPC Life imprisonment Rs. 20,000/- 6 months additional RI u/s 201/120-B IPC 3 years’ RI Rs. 5,000/- 3 months additional RI Both sentences are ordered to run concurrently [2025:RJ-JP:19374-DB] (2 of 4) [SOSA-437/2025] 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 36 years innocent lady and has been falsely enroped in this case. He also submits that entire case of the prosecution is based on circumstantial evidence and from the evidence which has come on record, the circumstances taken cumulatively does not form a chain to prove within all human probability that offences have been committed by the accused-applicant and none else. He also submits that there is no eye-witness of the incident of murder of deceased Suman alias Mala. The prosecution has based its case on the last seen evidence of P.W. 6 – Ramesh, who has not supported prosecution story and has been declared hostile. Even, material prosecution witnesses also do not support the prosecution story. He also submits that no identification of dead body of deceased Suman alias Mala has been conducted. The verification of place of occurrence at the instance of accused- applicant is also not worth credence for the reason that memo of verification of place of incident at the instance of accused- applicant (Ex.P/21) has been prepared on 27.06.2014, whereas, dead body of the deceased has been recovered by the police from said place on 22.06.2014 and thus, place of incident was within the knowledge of the police since 22.06.2014. He also submits that accused-applicant cannot be connected in the present case on the basis of recovery of so-called bangles because there is no evidence on record to prove that recovered bangles were of deceased. Even, no identification of said bangles has been [2025:RJ-JP:19374-DB] (3 of 4) [SOSA-437/2025] conducted by the police. He also submits that accused-applicant was on bail during trial. The hearing of the appeal is likely to consume long time. He, therefore, prays that sentence awarded to accused-applicant may be suspended and she may be released on bail. 4. Learned Public Prosecutor vehemently opposes application for suspension of sentence and submits that the prosecution has proved its case against accused-applicant that she had actively participated in commission of murder of deceased and disappearance of evidence of offence beyond all reasonable doubt. Therefore, it has been prayed 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 the fact that applicant is a young woman and she was on bail during trial, there are no criminal antecedents and hearing of appeal is likely to take time, without commenting upon merits/demerits of the case, this court is of the opinion that it is a fit case for suspending the sentences awarded to the accused- applicant. 6. Accordingly, instant application for suspension of sentence filed by the accused-applicant under Section 430 of B.N.S.S., 2023 is allowed and it is ordered that sentence awarded by the Additional Sessions Judge No. 1, Gangapur City vide judgment of conviction and order of sentence dated 15.02.2025 in Sessions Case No. 64/2014 against accused-applicant – Smt. Kadi w/o Ballu alias Patanna shall remain suspended till final disposal of [2025:RJ-JP:19374-DB] (4 of 4) [SOSA-437/2025] aforesaid appeal and she shall be released on bail provided she executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial Judge for her appearance in this court on 09.06.2025 and whenever ordered to do so till disposal of the appeal on the conditions indicated below:- 1. After release of the accused-applicant, she shall not indulge in any criminal activity and if it is found that she is involved in any criminal activity, instant order shall be recalled. 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 changes 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. (BHUWAN GOYAL),J (AVNEESH JHINGAN),J INDER/23