Bombay High Court
Sulochana Dhanraj Badgery vs State Of Maharashtra on 5 December, 2023
Bench: Revati Mohite Dere, Gauri Godse
NISHA Digitally signed by
NISHA SANDEEP
SANDEEP CHITNIS
Date: 2023.12.07
CHITNIS 10:34:46 +0530
24-ia.3286.2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.3286 OF 2023
IN
CRIMINAL APPEAL NO.876 OF 2023
Sulochana Dhanraj Badgery ...Applicant
Versus
State of Maharashtra ...Respondent
Mr. Gaurav Bhawnani i/b Mr. Abdul Wahab Khan, for the Applicant.
Ms. P. P. Shinde, A.P.P for the Respondent - State.
CORAM : REVATI MOHITE DERE &
GAURI GODSE, JJ.
DATE : 5th DECEMBER 2023
P.C. :
1. Heard learned counsel for the parties.
2. By this application, the applicant (original accused No.3)
seeks suspension of her sentence and enlargement on bail, pending
the hearing and final disposal of the aforesaid appeal.
3. The applicant alongwith another co-accused vide judgment
and order dated 29th April 2023 passed by the learned Additional
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Sessions Judge, City Civil and Sessions Court, Greater Bombay, in
Session Case No.722 of 2018, has been convicted as under:
-- for the offence punishable u/s. 302 r/w. Section 34 of the Indian
Penal Code, to suffer rigorous imprisonment for life and to pay a fine
of Rs.5,000/- each, in default, to suffer rigorous imprisonment for
three months;
-- As far as the other offence is concerned, the applicant has been
acquitted of the offence punishable under Section 304-B r/w 34 of the
Indian Penal Code.
4. Perused the papers. The applicant is the sister-in-law of
the deceased. The prosecution case rests entirely on circumstantial
evidence. The conviction is essentially based on the fact that the
deceased was last in the company of the applicant with another co-
accused, and as such, the applicant had not discharged the burden cast
on her under Section 106 of the Evidence Act. Although, the
prosecution case is one under Section 302 of the Indian Penal Code
i.e. charge of murder of causing death of the deceased, the suggestions
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given by the prosecution whilst examing the defence witnesses i.e.
DW1 and DW2, are to the effect, that the deceased committed suicide.
The prosecution examined the father of the deceased as PW1 i.e. the
complainant. He has stated that the accused No.1 i.e. the applicant's
brother would assault his daughter and was demanding Rs.50,000/-.
He has further in his evidence stated that his daughter had informed
him that the applicant had poured hot lentil on her leg, pursuant to
which he had filed a complaint with the Shahu Nagar Police Station.
A perusal of the cross-examination of the said witness would reveal
that the NC which was filed, was filed by the deceased alleging that
her husband i.e. accused No.1 had quarreled and had asssaulted her.
The said witnes has accepted that no complaint was filed as against the
applicant of having poured hot lentil on his daughter's leg. The said
fact, is also missing in the FIR lodged by PW1 and was disclosed to,
for the first time by PW1 in his evidence. The trial Court has acquitted
the applicant's father, accepting his plea of alibi. It is not in dispute
that the applicant has been acquitted of the offence punishable under
Section 304-B r/w 34 of the Indian Penal Code. The applicant has
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been convicted only on the basis of the medical evidence and have
regard to Section 106 of the Evidence Act. The applicant is in custody
for the last 5 years. The appeal is of the year 2023 and the same is not
likely to come up for the hearing in the immediate near future.
5. Considering the aforesaid, the application is allowed and
the applicant's sentence is suspended and she is enlarged on bail,
pending the hearing and final disposal of her aforesaid appeal, on the
following terms and conditions :-
ORDER
i) The Applicant be enlarged on bail on furnishing P.R. Bond in
the sum of Rs.20,000/- with one or two sureties in the like amount;
ii) The Applicant shall report to the trial Court, once in three
months on the day/date specified by the trial Court, till her Appeal is
finally disposed of;
24-ia.3286.2023.doc
iii) The Applicant shall keep the trial Court informed of her
current address and mobile contact number and/or change of
residence or mobile details, if any, from time to time;
iv) If there are two consecutive defaults in appearing before the
trial Court, the learned Judge shall make a report to the High Court
and the prosecution would be at liberty to file an application seeking
cancellation of bail.
6. Interim Application is allowed in the aforesaid terms and
accordingly disposed.
All concerned to act on the authenticated copy of this
order.
GAURI GODSE, J. REVATI MOHITE DERE, J.
