DB suspends sentence

07/07/2019

JAMMU, JULY 6: The Division Bench of J&K High Court suspended the sentence of Raj Kumari convict of life imprisonment. D.B comprised of Justice Rajesh Bindal and Justice Sindhu Sharma. The order reads as…“Prayer in the application is for suspension of sentence of the applicant/appellant. The applicant/appellant in the present case is stated to be 70 years of age. She has been convicted under Sections 302, 392, 460 RPC and sentenced to undergo imprisonment for life.
It was stated by learned counsel for the applicant that ever since the applicant/appellant was arrested on 27.10.2012, she is in custody. She has been falsely implicated in the case. There is no direct evidence against herLearned counsel for the State submitted that it is a case of direct evidence. The applicant had murdered one Soma Devi and robbed gold ornaments which have been recovered from her.
He further submitted that there being direct involvement of the applicant, she does not deserve concession of suspension of sentence. After hearing learned counsel for the parties, and considering the fact that applicant/appellant is 70 years of age and the fact that she has already undergone actual imprisonment for more than six years, out of which, more than three years is after the conviction and final hearing of appeal is likely to take some time, in our opinion, sentence awarded to the applicant deserves to be suspended.
Ordered accordingly.
Applicant/appellant is directed to be released on furnishing of bail bonds to the satisfaction of Registrar Judicial of this Court or CJM/Duty Magistrate, Kathua.
This application is, disposed of, accordingly.”
Raj Kumari represented through Ms Deepika Mahajan Advocate.

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