The division judge bench of Justice Arijit Banerjee and Justice Apurba Sinha Ray of the Calcutta High Court in the case of Naju Bibi @ Narjina Bibi Vs The State of West Bengal suspended the sentence of life imprisonment of the applicant who was convicted under section 302 of the Indian Penal Code, 1860 for committing the murder of her 6-year-old stepdaughter by the Ld. Additional Sessions Judge, Murshidabad.
Brief facts:
The factual matrix of the case is that the applicant gave her stepdaughter, who was six years old at the time, poisoned sweets. After consuming such sweets, the girl became unwell, vomited, and was rushed to the hospital, where she later passed away. The appellant/applicant was convicted for the offense punishable under Section 302 of the Indian Penal Code, 1860, and was sentenced to life imprisonment. The present appeal is filed for the suspension of the sentence.
Contentions of the Appellant:
The learned counsel appearing on behalf of the Appellant pointed out the discrepancies in the prosecution evidence and contended that at the appeal's final hearing, there is a strong possibility that the applicant will succeed. Nobody will be able to compensate for the time she would have spent in jail if she ultimately succeeds. More than 6 years, 3 months have passed since she was imprisoned. She ought to be granted bail with any restrictions the court may deem fit and proper.
Contentions of the State:
The learned counsel appearing on behalf of the State contended that the discrepancies are minor in nature and it would not affect the merit of the decision of the learned trial judge. It was furthermore contended that the applicant committed a heinous crime by killing a 6-year-old girl child.
Observations of the Court:
The Hon’ble Court observed that in this case, it cannot be stated that the applicant or appellant has no chance at all of prevailing at the appeal's final hearing. Her conviction has not been finalized because of the ongoing appeal and the applicant has approximately spent six and a half years in prison. Nobody has any way of knowing when the appeal will be resolved in the end. In fact, no one will be able to compensate for the time the applicant spent in jail due to her being found guilty of a crime she did not commit if the appeal is successful at any point in the future.
The Hon’ble Court relied upon the judgments titled Kashmira Singh v. State of Punjab, Akhtari Bi (Smt) v. State of Madhya Pradesh, and Husain & Anr. V. Union of India.
The Hon’ble High Court was of the view that given the vast number of cases still pending and the nature and quality of the evidence on record, there is no guarantee that the appeal will be ultimately determined at a soon enough period and suspend the sentence of imprisonment for life and fine imposed on the applicant.
The decision of the court:
With the above direction, the Hon’ble Court disposed of the present appeal.
Case Title: Naju Bibi @ Narjina Bibi Vs The State of West Bengal
Coram: Hon’ble Justice Arijit Banerjee and Hon’ble Justice Apurba Sinha Ray
Citation: CRA 297 of 2019
Advocate for the Appellants: Mr. Phiroze Edulji, Adv, Mr. Rousatvi Mukherjee, Adv. Mr. Syed Nassirul Hossain, Adv. Ms. Samira Grewal, Adv.
Advocates for the State: Mr. Sudip Ghsoh, Adv, Mr. Biswanath Banerjee, Adv
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