HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
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
HON’BLE MR. JUSTICE P.K. LOHRA
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.