Bombay High Court
Sumitra Gangappa Jutti vs State Of Maharashtra on 11 July, 2023
Bench: R.P. Mohite-Dere, Gauri Godse
2023:BHC-AS:19240-DB
912-ia.1985.2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO.1985 OF 2023
IN
CRIMINAL APPEAL NO. 525 OF 2023
Sumitra Gangappa Jutti ... Applicant
Versus
State of Maharashtra ...Respondent
Ms. Shifa Khan i/b Dr. Yug Mohit Chaudhry, for the Applicant.
Ms. S. S. Kaushik, A.P.P for the Respondent - State.
CORAM : REVATI MOHITE DERE &
GAURI GODSE, JJ.
DATE : 11th JULY 2023
P.C. :
1. Heard learned counsel for the parties.
2. By this application, the applicant seeks suspension of her
sentence and enlargement on bail, pending the hearing and final
disposal of the aforesaid appeal.
3. The applicant vide Judgment and Order dated 16 th August
2022, passed by learned Additional Sessions Judge, Sangli, in Sessions
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Case No. 52 of 2021, has been convicted and sentenced as under:-
- for the offence punishable under Section 302 of the Indian Penal
Code, to suffer rigorous imprisonment for life and to pay fine of
Rs.2,000/- in default, to suffer rigorous imprisonment for 2 months.
4. Learned counsel for the applicant submits that the
prosecution case rests on the sole testimony of PW1 - Roshani Kaushal
Shinde, an eye-witness to the incident. She submits that PW1 -
Roshani although has alleged that she saw the applicant wrapping a
cloth around the neck of the new born child, had failed to report the
said incident immediately to the hospital staff, much less failed to raise
an alarm. PW1 - Roshani has stated that she was assuming that the
applicant was breast feeding her child and therefore, had not disclosed
that the applicant strangulated her newly born child. As far as the
evidence of doctors is concerned, the said evidence is hearsay,
inasmuch as, they had learnt from the nurse Rupali Bajantri (PW3)
that the applicant was doing something with the cloth around the
baby's neck. PW3 - Rupali in her evidence has stated that when she
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attended the patient i.e. the applicant, she did not noticed any
movement of the baby and that on enquiry, the applicant did not
disclose anything. She has further stated that PW1 - Roshani told
them that some time prior she saw the applicant doing something with
the cloth around the baby's neck. The cause of death of the child is
stated to be "Death due to Asphyxia due to ligature compression of
neck". PW1 - Roshani in her cross-examination has stated that the
applicant had told her that her delivery was normal and that she would
breast feed the child whenever the baby would cry.
5. Pursuant to our order dated 19 th June 2023, the learned
counsel for the applicant has filed an affidavit of the applicant. In the
said affidavit, the applicant has stated that she would be residing with
her paternal uncle - Gangappa Salmalya Jutti and his wife Mrs.
Sharada Gangappa Jutti, as she has no family or relatives residing in
Maharashtra. She has further stated that she was living at the very
same address prior to her arrest and that the said address is mentioned
in the appeal memo. She has further stated that she belongs to a poor
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strata of society and has worked as an agricultural labourer all her life.
She has further stated that her husband had abandoned her when she
got pregnant and that apart from her paternal uncle and aunt, she has
no support and as such would not be in a position to arrange for a
surety. She has further undertaken to attend regular counselling
sessions at Padmabhushan Vasantdada Patil Government Hospital,
Sangli or any other nearby hospital, as may be directed by this Court.
She has also undertaken to report to Vishrambaug Police Station,
Sangli, or any other nearby police station, as may be directed by this
Court. The applicant is in custody since 2020. The appeal has been
admitted by this Court vide order dated 12th April 2023 and the same
is not likely to come up for the hearing in the immediate near future.
6. Considering the peculiar facts of this case, we allow the
application and accordingly suspend the sentence of the applicant and
enlarge the applicant on bail, pending the hearing and final disposal of
her Appeal, on the following terms and conditions :-
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ORDER
i) The Applicant be enlarged on bail on furnishing Personal Bond
in the sum of Rs.25,000/- ;
ii) The Applicant shall report to the trial Court, once in six months
on the day/date specified by the trial Court, till her Appeal is finally
disposed of;
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;
v) The applicant to attend the counselling sessions as undertaken
by her at the Padmabhushan Vasantdada Patil Government Hospital,
Sangli or any other nearby Government hospital close to where she
resides, for her mental health, till the doctor deems it so necessary.
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7. The Application is allowed in the aforesaid terms and is
accordingly disposed of.
8. All concerned to act on the authenticated copy of this
order.
GAURI GODSE, J. REVATI MOHITE DERE, J.
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