Rajasthan High Court - Jodhpur
Smt Kalli @ Kallu Banu vs State on 19 March, 2021
Bench: Sandeep Mehta, Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 3/2021
Smt Kalli @ Kallu Banu W/o Gaffar Mohammed Pathan, Aged
About 27 Years, Khatankhedi, Police Station Baneda, District
Bhilwara. (Presently Lodged In Central Jail Ajmer).
----Petitioner
Versus
State, Through P.p.
----Respondent
For Petitioner(s) : Mr. Pradeep Shah
For Respondent(s) : Mr. N.S. Bhati, P.P.
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
19/03/2021
The instant application for suspension of sentence
under Section 389 CrPC has been preferred on behalf of the
appellant-applicant Smt. Kalli @ Kallu Banu W/o Gaffar
Mohammed Pathan, who has been convicted and sentenced for
the offences under Sections 498-A and 304-B IPC vide the
judgment dated 28.11.2019 passed by the learned Additional
Sessions Judge, Woman Atrocities Cases, Bhilwara in Sessions
Case No.27/2017.
Learned Public Prosecutor has chosen not to file reply
to the application for suspension of sentence and proposes to
argue the matter orally.
Heard learned counsel for the parties and perused the
material available on record.
(2 of 4) [SOSA-3/2021]
The appellant is the mother-in-law of the deceased
Smt. Sabjana Banu, who was married to the appellant's son
Mustafa Khan about six years before the incident. Smt. Sabjana
Banu expired by poisoning on 31.05.2016 while she was at the
matrimonial home. Her father Nasaruddin (P.W.2) submitted a
written report (Ex.P/4) to the S.H.O., Police Station Baneda,
wherein a suspicion was cast regarding the death of his daughter.
On this report, enquiry under Section 176 CrPC was initiated. On
the very next day, i.e. on 01.06.2016, FIR No.82/2016 (Ex.P/1)
came to be lodged by Shahrukh Khan (P.W.1), brother of the
deceased, wherein five persons, namely, the appellant herein,
Mustafa Khan, Gaffar Khan, Fariyad and Babu Khan were
arraigned as accused. In this report, an allegation has been
levelled that after the marriage, the accused used to quarrel with
his sister and used to demand dowry from her. About three
months ago a demand was made for a sum of Rs.50,000/- and
when the amount was not paid, his sister was killed. Nasaruddin
(P.W.2), father of the deceased, when examined on oath, has
categorically alleged that the demand of money was made from
Sabjana by her husband, the accused Mustafa Khan.
Learned counsel for the appellant-applicant states that
the appellant was on bail during the course of trial. He, thus,
submits that the applicant, who is a woman, deserves the same
indulgence during the pendency of the appeal also.
Learned Public Prosecutor has opposed the submissions
advanced at bar.
Having regard to the over all facts and circumstances
as emanating from the record and considering the fact that the
appellant is a woman and as in the statement of Nasaruddin
(3 of 4) [SOSA-3/2021]
(P.W.2), there is no specific allegation that the appellant herein
demanded money from the deceased or harassed her, on this
count, we are inclined to suspend the sentences awarded to the
appellant-applicant by the trial court during the pendency of the
appeal.
Accordingly, the application for suspension of sentences
filed under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the learned Additional Sessions Judge,
Woman Atrocities Cases, Bhilwara vide judgment dated
28.11.2019 in Sessions Case No.27/2017 against the appellant-
applicant Smt. Kalli @ Kallu Banu W/o Gaffar Mohammed Pathan
shall remain suspended till final disposal of the aforesaid appeal
and she shall be released on bail, provided she executes a
personal bond in the sum of Rs.50,000/- with two sureties of
Rs.25,000/- each to the satisfaction of the learned trial Judge for
her appearance in this court on 19.04.2021 and whenever ordered
to do so till the disposal of the appeal on the conditions indicated
below:-
1. That she will appear before the trial Court in the
month of January of every year till the appeal is
decided.
2. That if the applicant changes the place of
residence, she will give in writing her changed
address to the trial Court as well as to the counsel
in the High Court.
3. Similarly, if the sureties change their address(s),
they will give in writing their changed address to
the trial Court.
The learned trial Court shall keep the record of
attendance of the accused-applicant in a separate file. Such file be
registered as Criminal Misc. Case related to original case in which
the accused-applicant was tried and convicted. A copy of this
(4 of 4) [SOSA-3/2021]
order shall also be placed in that file for ready reference. Criminal
Misc. file shall not be taken into account for statistical purpose
relating to pendency and disposal of cases in the trial court. In
case the said accused applicant does not appear before the trial
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(DEVENDRA KACHHAWAHA),J (SANDEEP MEHTA),J
25-Pramod/-
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