Jharkhand High Court
Rabina Bibi @ Rabina Khatoon vs The State Of Jharkhand on 22 March, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 40 of 2023
Rabina Bibi @ Rabina Khatoon ........... Appellant
Versus
The State of Jharkhand .......Respondent.
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE SUBHASH CHAND
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For the Appellant : Mr. Soumitra Baroi, Advocate
For the State : Mr. Pankaj Kr. Mishra, A.P.P.
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nd
05/Dated: 22 March, 2023
I.A. No.1661 of 2023
The present interlocutory application has been filed by the appellant
for suspension of sentence and to grant bail to the appellant in Sessions Trial
Case No.440 of 2018 during pendency of the present criminal appeal which has
been preferred against the judgment of conviction dated 17th December, 2022
and order of sentence dated 21st December, 2022 passed by the learned
Additional Sessions Judge-II, Dhanbad whereby the appellant has been convicted
for the offence under Sections 302 and 201 of the Indian Penal Code and has
been sentenced to undergo rigorous imprisonment for life along with fine of
Rs.10,000/- for the offence punishable under Section 302 of the I.P.C. and in
default of payment of fine she shall further undergo rigorous imprisonment for
three months. Further she is sentenced to undergo rigorous imprisonment for
three years with fine of Rs.5,000/- for the offence under Section 201 of the I.P.C
and in default of payment of fine she shall further undergo rigorous
imprisonment for one month.
The matter was heard on 1st March, 2023, whereby and whereunder
after having heard the learned counsel for the parties, this Court has called for
the State to file objection, if any.
In pursuance thereto, the objection by counter-affidavit has been filed.
The argument has been advanced on behalf of the appellant that the
conviction is based upon the circumstantial evidence by applying the statutory
provision as contained under Section 27 of the Evidence Act but the recovery of
a stone and a blood stained sky blue coloured half shirt which is said to be the
school dress of the deceased boy is made on the confession being made by the
appellant, namely, Rabina Khatoon. It has been submitted that although the
stone was produced before the Court but so far as the blood stained clothe is
concerned, the same was not produced before the court for its examination on
the plea being taken that the same were not available in the Malkhana and
probably the mouse has eaten the same. It has also been submitted by referring
to the testimony of P.W.-4, the inquest witness, who has also not corroborated
the seizure list, since, he has stated in his testimony that by force his signature
on the seizure list has been obtained by the police.
Learned A.P.P. appearing for the State has submitted by referring to
the statement made in the counter affidavit as stated in paragraph 20 but the
same is reiteration of the testimony which is available on record.
Regard being had to the facts and circumstance of the case, we are
prima facie satisfied that it is a fit case where the sentence is required to be kept
in abeyance.
In consequence thereof, the appellant, above named, is directed to be
released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five
Thousand) with two sureties of the like amount each to the satisfaction of the
learned Additional Sessions Judge-II, Dhanbad in connection with Sessions Trial
No.440 of 2018.
Accordingly, the I.A. No.1661 of 2023 stands disposed of.
(Sujit Narayan Prasad, J.)
(Subhash Chand, J.)
Rohit Pandey/-
