Bombay High Court
Kamla Brijbhushan Sisodiya vs State Of Maharashtra on 15 February, 2022
Bench: Prakash Deu Naik
rpa 1/4 38 ia 351 2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.351 OF 2022
IN
CRIMINAL APPEAL NO.82 OF 2022
Mrs.Kamla Brijbhushan Sisodiya .. Applicant/Appellant
Versus
State of Maharashtra .. Respondent
......
Mr.Ajay Awasthi i/b. Mr.Shaikh Ifran, Advocate for the
Applicant/Appellant.
Ms.P.N. Dabholkar, APP for the Respondent - State.
PSI Sharad R. Nimale, M.I.D.C. Police Station, present.
......
CORAM : PRAKASH D. NAIK, J.
DATED : FEBRUARY 15, 2022.
P.C. :
This is an application for suspension of sentence and
grant of bail pending criminal Appeal No.82 of 2022.
2 Applicant (accused no.1) has been convicted for the
offence punishable under Section 370 read with 34 of Indian Penal
Code ("IPC", for short) and Section 363 read with 34 of IPC, and,
sentenced to undergo imprisonment of 7 years on each count. She has
Digitally
signed by
RAJESHRI
RAJESHRI PRAKASH
been acquitted for the offence under Section 419 read with 34 of IPC.
PRAKASH AHER
AHER Date:
2022.02.17
17:50:00
+0530
rpa 2/4 38 ia 351 2022.doc
3 The prosecution case relates to Kidnapping of victim for
exploitation from lawful guardianship.
4 Learned counsel for the applicant/appellant submitted
that the applicant/appellant is a lady. She was on bail during trial. On
the date of conviction, she has been taken in custody. She has been in
custody for the period of about 5 to 6 months. The evidence adduced
by the prosecution suffers from serious discrepancies in the nature of
contradictions and omissions. The victims were not subjected to
sexual assault. The applicant/appellant has not misused the facility of
bail granted during the pendency of trial. P.W.1 frst had no knowledge
of circumstances under which the victim was staying in custody of
Aarti. Evidence of P.W.2 is hearsay. P.W.4 was unable to depose the
account of case qua applicant. She was tutored. Offence under Section
370 of IPC is not proved. Victim was not found in custody of applicant.
5 Learned APP submitted that the evidence of P.W.4/victim
is crucial. Minor discrepancies in evidence is not suffcient to grant
bail to the applicant/appellant. The offence is of serious nature. The
sentence of imprisonment is seven years.
6 It is pertinent to note that the applicant/appellant is a
lady. She was on bail during the trial. There is no adverse report with
regards to misuse of facility of bail. The defence has urged that there
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are serious discrepancies in the evidence. According to P.W.1, victim
disclosed that two persons took her on motorcycle and brought her to
Mumbai and kept in house of one Aarti. Applicant had threatened her.
P.W.3 stated that victim is friend of her daughter. Victim told her
daughter, her mother is in her village. She was brought to Mumbai.
She was kept with one lady. Name of lady was not disclosed. P.W.3 is
daughter of P.W.2. She is friend of victim. She stated that victim told
her that Kamala aunty and Aarti are not her real mother and sister.
She was brought to Mumbai by some persons. P.W.4 stated that she
was brought by two persons and kept with Maya aunty. Thereafter,
she went to her parents. The victim was allegedly kidnapped by some
persons. It is not alleged that there was exploitation. The defence has
contended that Section 370 of IPC is not made out. The applicant was
on bail during trial. It is not reported that she has misused facility of
bail.
7 Hence, I pass the following order:
:: O R D E R ::
(i) Interim Application No.351 of 2022, is allowed;
(ii) During the pendency of Criminal Appeal No.82 of 2022, the
sentence of imprisonment imposed vide judgment and
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order dated 16th December, 2021, passed by learned
Additional Sessions Judge, Borivali Division, Dindoshi,
Mumbai, in Sessions Case No.1 of 2017, is suspended and
the applicant/appellant is directed to be released on bail on
executing P.R. Bond in the sum of Rs.25,000/-, with one or
more sureties in the like amount;
(iii) Applicant/appellant is permitted to furnish cash bail
security of Rs.25,000/-, for a period of ten weeks, in lieu of
surety;
(iv) Applicant/appellant shall attend the trial Court once in six
months on frst Saturday of the month between 11:00 a.m.
to 01.00 p.m., till fnal disposal of Appeal;
(v) In the event there are two consecutive defaults in attending
the trial Court, the said fact may be brought to the notice of
this Court and the prosecution is at liberty to move an
application for cancellation of bail;
(vi) Interim Application No.351 of 2022, stands disposed of
accordingly.
(PRAKASH D. NAIK, J.)
