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Smt Lalita @ Lachhu Kanwar vs State on 5 March, 2018

S.B. Suspension Of Sentence(Appeal) No. 1088 / 2017
S.B. Criminal Appeal No.1758/2017
Smt. Lalita @ Lachhu Kanwar W/o Sh. Khuman Singh, By Caste
Rajput, R/o Chitrakoot Nagar, Udaipur (Raj.)
(Presently lodged in Central Jail, Udaipur)

The State of Rajasthan

For Appellant(s) : Mr. Vineet Jain
For Respondent(s) : Mr. O.P. Rathi, P.P., for the State

Applicant-appellant has laid this application under Section

389 Cr.P.C. for seeking suspension of sentence handed down by

learned trial Court by impugned judgment dated 26.10.2017,

whereby learned trial Court has indicted applicant for offence

under Sections 498A, 304B and 201 IPC and handed down

maximum sentence of ten years’ rigorous imprisonment.

It is submitted by learned counsel that during trial applicant

was on bail. It is also argued by learned counsel that there are

material contradictions in the statements of prosecution witnesses

P.W.2 Mahendra Singh-brother of the deceased, and P.W.6 Pratap

Singh-father of deceased, and prima facie subjecting the deceased

to cruelty or harassment by the applicant, in connection with any
(2 of 3)

demand of dowry, soon before death is not discernible. It is also

submitted by learned counsel that considering the status of the

applicant as a woman also, her sentence is liable to be suspended.

Learned Public Prosecutor has vehemently opposed the

application for suspension of sentence.

Having regard to the facts and circumstances of the case, I

feel inclined to accept this application for suspension of sentence.

Accordingly, the application for suspension of sentence filed

under Section 389 Cr.P.C. is allowed and it is ordered that the

sentences passed by learned Additional Sessions Judge (Women

Atrocities Cases), Udaipur, vide judgment dated 26.10.2017, in

Sessions Case No.169/2013 against appellant-applicant, Smt.

Lalita @ Lachhu Kanwar W/o Sh. Khuman Singh, shall remain

suspended till final disposal of the aforesaid appeal and she shall

be released on bail, provided she executes a personal bond in the

sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the

satisfaction of the learned trial Judge for her appearance in this

Court on 06.04.2018 and whenever ordered to do so till disposal

of the appeal, on the conditions indicated below:-

1. That she will appear before the trial Court in the
month of January every year till the appeal is

2. That if the applicant changes the 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.

3. Similarly, if the sureties change their address(s),
they will give in writing their changed address to
the trial Court.

(3 of 3)

The learned trial Court shall keep the record of attendance of

accused-applicant in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

applicant was 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 purposes relating to

pendency and disposal of cases in the trial Court. In case the said

accused applicant does 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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