Sabnam Khatoon vs The State Of Jharkhand
2025 Latest Caselaw 5709 Jhar

Jharkhand High Court

Sabnam Khatoon vs The State Of Jharkhand on 11 September, 2025

Author: Ananda Sen

Bench: Ananda Sen, Sanjay Kumar Dwivedi

      IN     THE HIGH COURT OF JHARKHAND AT RANCHI
                 Criminal Appeal (DB) No. 1179 of 2018
      Sabnam Khatoon
                                                   .....   ...     Appellant
                                  Versus
      The State of Jharkhand.
                                                     ..... ...       Respondent
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      CORAM : SRI ANANDA SEN, J.

: SRI SANJAY KUMAR DWIVEDI, J.

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For the Appellant : Mr. Jay Shankar Tiwari, Advocate. For the State : Mr. Anup Pawan Topno, A.P.P.

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I.A. No. 9046 of 2025.

12/ 11.09.2025 Heard learned counsel for the appellant and learned A.P.P.

for the State.

2. By way of filing this interlocutory application, the appellant

has renewed her prayer to suspend the sentence and release her on bail,

during the pendency of this appeal.

3. Earlier the prayer for bail of the appellant was rejected

twice on merits and learned counsel appearing for the appellant has

renewed her prayer for bail on the ground that she has remained in

custody for ten years.

4. We have gone through the earlier order passed by us

including the evidence of P.Ws. 2, 3 and 5. P.Ws. 3 and 5 are step

children of the appellant and P.W.-2 is one of the independent witness,

where all have supported the story stating that this appellant has killed

her step son Golu by throwing him in a well and Ayub Ansari was also

thrown in the well, but he was saved. Ayub Ansari (P.W.-5) has

supported the case and one Sonia Khatoon (P.W.-3), who is the

eyewitness to the occurrence has stated about the involvement of this

appellant and stated that this appellant had drown Golu and Ayub in the

well. P.W.-2 Kusum Devi, who is a neighbour has also stated the

aforesaid fact.

5. In view of the above background and further in view of the

judgment of Hon'ble Supreme Court in the case of Omprakash Sahni

Versus Jai Shankar Chaudhary & Anr., reported in (2023) 6 SCC 123,

where it has been held that the endeavour on the part of the court,

should be to see as to whether the case presented by the prosecution and

accepted by the trial court can be said to be a case in which, ultimately

the convict stands for fair chance of acquittal, if the answer is

affirmative, he should not be kept behind the bar for a pretty long

period, however, the court should not reappreciate the evidence and try

to pick up a few lacunae or loophole in the case of the prosecution, we

are not inclined to allow this interlocutory application. The prayer for

bail of the appellant, above named, is rejected.

6. Accordingly, this interlocutory application is dismissed.

7. Office is directed to prepare the paper book.

(Ananda Sen, J.)

(Sanjay Kumar Dwivedi, J.) Amitesh/-