In an appeal against a life sentence for murdering her 5-year-old daughter, the High Court suspended the execution of the sentence and released the accused on bail pending the finality of the appeal.
Suspension of execution of life sentence and fine; release on bail on furnishing a PR bond of Rs. 20,000 with one solvent of like amount.
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3454.16appln
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 3454 OF 2016
IN APEAL/56/2017 WITH APEAL/56/2017
SAU SUNITA W/O SHARAD RAUT
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicant/appellant:Mr.N.V. Gaware
APP for Respondent/State : Mr. S.Y. Mahajan
...
CORAM : S.S. SHINDE & K.K. SONAWANE, JJ. Dated: March 06, 2017
PER COURT :-
This is an application filed by the
original accused-applicant for suspension of
sentence awarded by the learned trial Court
in Sessions Case No. 349 of 2015 for the
allegations of commission of murder of her
own daughter, who was 5 years old infant. The
learned Sessions Judge, after appreciating
the entire evidence adduced on record,
arrived at a conclusion that, the applicant-
original accused is guilty of offence
punishable under Section 302 of the Indian
Penal Code, and therefore, she was sentenced
to suffer imprisonment for life for offence
punishable under Section 302 of the Indian
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Penal Code and fine of Rs. 5,000/-, in default, to suffer simple imprisonment for six months. Being aggrieved by the impugned findings of the conviction and sentence ordered by the learned Sessions Judge, the applicant/accused preferred the present Appeal, inter alia filed application for suspension of sentence and release her on bail pending appeal.
2.We have heard the learned counsel
appearing for the applicant/accused and the
learnedA.P.P.appearingforthe
respondent/State. We have also perused the
findings expressed by the learned trial Court
as well as the relevant documents produced on
record.
3.It has been contended that, the
death of the deceased, who was five years old
infant, was accidental death, and not
homicidal death on the part of the mother
applicant – Sunita Raut. There are no eye
witnesses, who received an opportunity to
watch the homicidal act of the applicant.
According to learned counsel appearing for
the applicant, the accused-applicant is
suffering from the ailment of epilepsy and
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during the relevant period, there was attack
and she lost her consciousness, due to which
the mishap occurred with the minor infant,
resulting into her death.
4.The learned A.P.P. appearing for the
respondent/State much more gave emphasis on
the evidence adduced by the witnesses and
vehemently submitted that, the attending
circumstancesonrecordcategorically
establish the guilt of the accused and she is
only responsible for death of her minor
daughter Samvedna.
5.The evidence adduced on record on
behalf of the prosecution will be considered
minutely at the time of finality of the
appeal on merits. But, at this juncture,
there would not be any propriety to keep the
applicant behind the Bar, who is lady and
mother of two minor daughters. Moreover, in
case, the applicant is suffering from some
physical ailments, it would also facilitate
to provide her medical treatment. On such
humanitarian ground also, we do not find any
impediment to nod in favour of applicant.
Therefore, we are inclined to allow the
application. In the result, we proceed to
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pass the following order :-
ORDER
(i)The application stands allowed. The
execution of sentence of life imprisonment
and fine awarded to the applicant – accused
for the offence punishable under Section 302
of the Indian Penal Code in Sessions Case No.
349 of 2015 is hereby suspended pending
appeal.
(ii)Meanwhile, the applicant-accused be
released on bail on furnishing P.R. bond in
the sum of Rs.20,000/- (Rupees Twenty
Thousand) with one solvent security of like
amount subject to the satisfaction of the
learned trial Court.
(iii)After compliance of the formalities
of furnishing the sureties, the applicant be
released forthwith, if not required in any
other crime. It is stipulated that, the
applicant shall not leave the jurisdiction of
this Court, without prior permission and
secure her presence whenever required by this
Court in this Appeal.
(K.K. SONAWANE, J.)
SGA
2 issues framed by the court
Whether the accused mother should be released on bail and have her sentence suspended pending appeal.
Whether humanitarian grounds permit suspension of execution of life imprisonment in a murder case involving an infant child.
1 provisions across 1 enactments
SAU SUNITA W/O SHARAD RAUT
THE STATE OF MAHARASHTRA
S.S. SHINDE
K.K. SONAWANE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court