Naju Bibi @ Narjina Bibi vs Unknown
2023 Latest Caselaw 3640 Cal

 SL 8.
05-06-2023

(ct. no.6) KOLE

CRA 297 of 2019 with CRAN 2 of 2019 (Old No. 3446 of 2019)

In re: An application under Section 389 (1) of the Code of Criminal Procedure, 1973.

-And-

In the matter of : Naju Bibi @ Narjina Bibi .... appellant.

Mr. Phiroze Edulji, Mr. Sayed N. Hossain, ... For the appellant.

This is an application for suspension of sentence pending

disposal of the appeal against a judgment and order of conviction.

The petitioner has been sentenced to life imprisonment.

We have heard learned Advocate for the petitioner. The

first point he urged was that the petitioner is behind bars for the

last six years. Nobody can say with any degree of certainty as to

when the appeal will be heard out finally. Learned Counsel refers

to the well-known decision of the Hon'ble Apex Court in the case of

Kasmira Singh-vs.-The State of Punjab reported in (1977) 4 SCC

Learned Counsel further drew our attention to the

depositions of P.W. 5, P.W. 6 and P.W. 7. He says that P.W. 5, who

is the grandfather of the victim girl, has categorically stated that

the victim was looked after by him as the step-mother being the

appellant/petitioner, did not look after the girl. If that be so, the

case of the prosecution would fall flat. He further said that

although P.W. 7 claims to be residing next to the house where the

accused and her husband resided, the same does not appear from

the sketch map prepared by the P.W. 6 (I.O). Learned Counsel says

that there are inherent inconsistencies in the depositions of the

witnesses. He also submitted that regarding recovery of poison

which was allegedly administered on the victim by the accused,

under Section 27 of the Evidence Act, there are also inherent

inconsistencies. There is a good chance that the appellant will

succeed at the final hearing of the appeal. If she ultimately

succeeds nobody will be able to compensate her for the years she

would have lost in the meantime. She should be released on such

terms as may appeal to the court.

The State is not represented. We would like to hear the

State before deciding this application.

Post this matter once again on 16.06.2023 marked 02.00

p.m.. It is expected that on that date the learned Public Prosecutor

or any other learned lawyer deputed by him shall appear before us

to assist the court.

Learned Advocate on record for the petitioner is requested

to serve a copy of this order on the office of the learned Public

Prosecutor.

( Arijit Banerjee, J. )

(Apurba Sinha Ray, J.)