PAPPU RAM @ GOPI AND ANR versus STATE

High Court of Rajasthan

Indian Supreme Court Cases / Judgements / Legislation

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PAPPU RAM @ GOPI AND ANR v STATE - CRLA Case No. 1156 of 2006 [2006] RD-RJ 2966 (28 November 2006)

In the High Court of Judicature for Rajasthan

At

Jaipur Bench, Jaipur

ORDER

In

S.B. Criminal Misc. Bail Application No.887/2006

In

S.B. Criminal Appeal No.1156/2006

Date Of Order :: 28.11.2006

Hon'ble Mr. Justice Jitendra Ray Goyal

Mrs. Naina Saraf, counsel for appellant.

Mr. R.P. Kuldeep, Public Prosecutor for State. .....................

Heard learned counsel for accused appellant Smt. Pooni Devi and learned Public

Prosecutor for the State on the prayer for suspension of sentence awarded to the accused appellant Smt. Pooni Devi, who along with her husband Pappu Ram alias Gopi has been convicted for the offence under section 304-Part-II read with section 34 IPC and sentenced to undergo five years rigorous imprisonment and fine of

Rs.2,000/-, and perused the record including the impugned judgment of the court below.

It is contended on behalf of the accused appellant Smt. Pooni Devi that according to the prosecution case the accused appellant Smt. Pooni

Devi has not inflicted any injury on the body of the deceased Rekha. It is also submitted that during the course of trial the accused appellant was on bail and nobody is there to look after her four minor children and hearing of the appeal would take sufficient time.

Learned Public Prosecutor opposed the prayer for suspension of sentence.

Without expressing any opinion on merits, having considered the rival submissions made at the bar and entire facts and circumstances, I deem it proper to suspend the sentence of imprisonment awarded to the accused appellant till disposal of this appeal and to release her on bail.

It is, therefore, ordered that the sentence of imprisonment awarded to the accused appellant Smt. Pooni Devi W/o. Pappu Ram alias

Gopi shall remain suspended during the pendency of this appeal and she shall be released on bail provided she furnishes a personal bond in the sum of Rs.20,000/- together with one surety in the like amount to the satisfaction of the learned trial court for her appearance before this Court on 4th January, 2007 and whenever called upon to do so.

(J.R. Goyal),J.

VS Shekhawat/-

Jr.P.A.

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