Allowed

Banu @ Kalibai Ismile Khan v. State of Maharashtra

Bombay HC22 Dec 2023IA/2939/2023

Case brief

AI extract

What is this about?

The High Court of Bombay suspended the life imprisonment sentence of the applicant convicted under IPC Sections 302, 452, and 504 and ordered her release on a PR bond of Rs. 25,000 with sureties, directing alternate monthly reporting at Deolali Police Station.

What did the court decide?

Suspension of sentence and release on personal bond of Rs. 25,000 with sureties; alternate monthly reporting at Deolali Police Station.

Banu @ Kalibai Ismile Khan Vs State of Maharashtra — Bail and Remand | Bombay HC (2023)

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14 ia 2939-23.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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LAXMI SUBHASH SONTAKKE Digitally signed by LAXMI SUBHASH SONTAKKE Date: 2023.12.26 15:47:33 +0530

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INTERIM APPLICATION NO. 2939 OF 2023 IN APPEAL NO. 729 OF 2017

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Banu @ Kalibai Ismile Khan .. Applicant

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Versus

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The State of Maharashtra

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.. Respondent

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Mr. Aniket Vagal a/w Kunal Pednekar, Divesh Mehani and Savvy Kolhekar for the Applicant.

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Ms Anamika Malhotra, APP, for the Respondent-State.

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CORAM : B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ. DATE : DECEMBER 22, 2023

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P. C.

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The above Interim Application is filed under Section 389 of the

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Cr.P.C. seeking suspension of sentence in Session Case No. 235 of 2011 as well

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as being enlarged on bail on such terms and conditions as this Court may deem fit.

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2. We have heard the learned Counsel appearing for the Applicant as

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well as the learned APP appearing for the State. The Applicant came to be

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Page 1 of 2 DECEMBER 22 2023

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Laxmi

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14 ia 2939-23.doc

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convicted for offences punishable under Sections 302, 452 and 504 read with Section 34 of the Indian Penal Code, 1860 by the Sessions Judge in Case No. 235 of 2011 and the Applicant has been sentenced to suffer life imprisonment.

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Considering that the Applicant has been in custody for approximately 12 years, having regard to the law laid down by the Hon’ble Apex Court in the matter of Sonadhar Vs. The State of Chhattisgarh reported in 2022 Live law [SC 788], we deem it appropriate to suspend the sentence and direct release of the Applicant Banu @ Kalibai Ismile Khan by furnishing PR bond of Rs. 25,000/- with one or two sureties of the like amount.

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The Applicant shall mark her presence before the Deolali Police Station in the first week of every alternate English calendar month after her release.

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The above Interim Application is disposed of in the aforesaid terms.

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This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.

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[ SOMASEKHAR SUNDARESAN, J.] [ B. P. COLABAWALLA, J.]

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Page 2 of 2 DECEMBER 22 2023

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Laxmi

Banu @ Kalibai Ismile Khan v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Banu @ Kalibai Ismile Khan v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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