RUKHADI DEVI Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2012-5-77
HIGH COURT OF RAJASTHAN
Decided on May 21,2012

RUKHADI DEVI,RAMLA RAM Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

- (1.) WE have heard the learned counsel for the appellants- applicants as well as learned Public Prosecutor and perused the record.
(2.) IT is submitted by the learned counsel for theappellants- applicants that the appellants-applicants are ladies and they were on bail during the trial; that no specific act has been assigned to each of them as per the prosecution evidence; that nothing has been recovered from the applicant Rukhadi; that there is a contradictory evidence about recovery of weapon from Surti Devi; and that in any case, there is no specific evidence about common object towards the alleged offence and about the applicants doing any specific act in furtherence of such common object. IT is further submitted that there are glaring discrepancies and contradictions in theprosecution evidence; and that so far the applicants are concerned, no purpose would be served with their detention during pendency of this appeal. The learned Public Prosecutor has opposed the application. Having considered all the facts and circumstances of the case, without making any observation on merits of the case, we are inclined to suspend sentence of the appellants-applicants. Accordingly, the application for suspension of execution of sentence is allowed and it is ordered that the sentence awarded by the learned Additional Sessions Judge, Raisinghnagar District Sriganganagar vide his judgment dated 21.04.2012 against the applicants-appellants (1) Rukhadi Devi w/o Ramla Ram, (2) Devali Devi w/o Sura Ram and (3) Surti Devi d/o Ramla Ram shall remain suspended till the final disposal of aforesaid criminal appeal provided each of them executes a personal bond in the sum of Rs. 20,000/- (Rupees twenty thousand) alongwith two sureties in the sum of Rs. 10,000/- (Rupees ten thousand) each to the satisfaction of learned Additional Sessions Judge, Raisinghnagar District Sriganganagar for their appearance in this Court on 05.07.2012 and subsequently before the Trial Court on the following conditions:- 1. That they will appear before the Trial Court in the month of January every year till the appeal is decided. 2.That if the appellants change the place of residence, they will give the changed address in writing to the Trial Court, High Court as well as to their counsel in the High Court. 3.Similarly if sureties change their address, they will give in writing their changed address to the Trial Court. The learned Trial Court shall keep the record of attendance of the accused appellants in a separate file. Such file be registered as Criminal Misc. Case related to the Sessions Case in which the accused appellants were tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. File shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the Trial Court. In case, the said accused appellants do not appear before the Trial Court, the learned Trial Judge shall report the matter to the High Court for cancellation of bail. ;


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