Smt. Manju Nayak @ Laxmi @ Vijaylaxmi vs State of Rajasthan

Heard learned counsel for the accused appellants and learned Public Prosecutor on the 2nd SOS application and perused the judgment impugned dated 09.08.2017 passed by Additional Sessions Judge (Special Court), Sawaimadhopur, whereby the accused appellants have been convicted for the offence punishable under sections 341, 323, 324, 325, 326, 452, 307 & 34 IPC and have been sentenced with maximum of ten years simple imprisonment alongwith fine.

Learned counsel for the accused-appellants submits that the 2nd SOS application has been moved on behalf of accused

Smt. Manju Nayak @ Laxmi @ Vijaylaxmi and Rajendra Singh.

Earlier application was decided when the record was not called. Now learned counsel for the appellants has referred to the statement of PW-12 Dr. Shishir Berwa, who medically examined the injured Smt. Geeta. Learned counsel has referred to the statement in cross-examination of PW-12, wherein he has admitted that no opinion was given whether the injury was dangerous to life or not. Counsel further submits that both the accused-appellants were on bail during trial.

Learned Public Prosecutor has vehemently opposed the prayer stating that the injury was grievous in nature and found on parietal region.

Having considered the rival arguments and gone through the relevant record and also taking into consideration the fact that accused-appellants were enlarged on bail during trial, but without expressing any final opinion on the merit and de-merit of the case, I am inclined to suspend the sentence awarded to them during the pendency of the appeal.

Accordingly, the application for suspension of sentence is allowed. It is ordered that the sentence awarded to accused-appellants (1)- Smt. Manju Nayak @ Laxmi @ Vijaylaxmi W/o Shri Shankar Lal Nayak, and (2)- Rajendra Singh S/o Shri Charan Singh in Sessions Case No.68/2016 (52/2014) shall remain suspended on furnishing a personal bond of Rs.50,000/- and two sureties bond of Rs.25,000/- each to the satisfaction of Deputy Registrar (Judl.) of this Court with the stipulation remain present before him on 17.01.2018 and as and when called upon to do so before this Court along with following conditions:-

(1) that the accused appellants shall inform this court their complete and new address, whenever they change their residence during the pendency of appeal.

(2) The accused appellants shall appear before learned trial court once during the month of January in every year till the appeal is disposed off.

(3) The sureties will also undertake to ensure compliance of above two conditions and will also inform their new and correct address, whenever they change their place of residence.

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 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.