Bhagwati Lal vs State, Through P.P.

Heard learned counsel representing the applicant-appellant and the learned Public Prosecutor. Perused the impugned judgment and the material available on record.

Mr. TRS Sodha, learned counsel for the applicant, urged that the case as set up by prosecution in its evidence regarding the accused-appellant having harassed and humiliated his wife deceased Annu Devi on account of demand of dowry is false and fabricated. Even in the written report (Ex.P/7) there is no specific allegation that appellant harassed or humiliated his wife, the deceased on account of demand of dowry soon before her death.

He referred to the statement of Sharda, P.W.9 (Sister-in-law of the deceased) wherein she admitted that a person named Shanker used to visit their house for meeting the deceased Annu. He also referred to the statement of Investigating Officer Shri Banshillal (P.W.24) who admitted in his cross-examination that the appellant was not present in the house when Smt. Annu committed suicide. The I.O. further admitted that in the complaint filed by the complainant party to the S.P., Bhilwara, there was no allegation against Bhagwati Lal regarding he having harassed or humiliated the deceased on account of demand of dowry. In this very statement, the I.O. admitted that as per the call details collected during investigation, Shankerlal (referred to supra) talked to Annu on 30th August, 2015 and 1st September, 2015 and five calls were made by the deceased to Shankerlal on 05.09.2015 the day, she ended her life. Mr. TRS Sodha submits that as a matter of fact deceased was having some kind of affair in the name of friendship with Shankerlal which led to a matrimonial strife leading to Smt. Annu Devi committing suicide. The appellant is in custody for more than four years and hearing of the appeal is unlikely in near future. Learned counsel thus urges that the appellant deserves indulgence of bail during the pendency of the appeal while accepting the application for suspension of sentences.

Per contra, learned Public Prosecutor has vehemently and fervently opposed the submissions advanced by learned counsel for the appellant. However, he too not in a position to dispute the fact that no allegation is made in the FIR (Ex.P/7) deceased was harassed or humiliated in the matrimonial home on account of dowry soon before her death.

The fact regarding deceased being happy in her matrimonial home was admitted by Sharda, sister-in-law of deceased during her cross-examination. The fact that deceased used to contact Shanker Gurjar was admitted by Sharda (P.W.9). The I.O. (P.W.24) also stated that deceased was in continuous contact with Shanker on mobile and they talked five times with each other on 05.09.2015 the day, on which Annu Devi committed suicide. From the evidence of the matrimonial relatives of the deceased, an inference can be drawn that there is hardly any material on record to show that the deceased was harassed or humiliated in the matrimonial home on account of demand of dowry any time soon before her death.

Thus, we are of the opinion that appellant has available to him strong grounds so as to challenge the impugned judgment of conviction. The appellant is in custody for more than four years and hearing of the appeal is unlikely in near future. Thus, it is considered just and proper to suspend the sentences awarded to the appellant, during pendency of the appeal.

Accordingly, the instant application for suspension of sentences filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the Additional Sessions Judge, Women Atrocities Act Cases, Bhilwara, vide judgment dated 01.10.2018 in Sessions Case No. 95/2015 against the appellant-applicant Bhagwati Lal S/o Durgalal, shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he 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 his appearance in this court on 24.02.2020 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

That he will appear before the trial Court in the month of January of every year till the appeal is decided.

That if the applicant(s) changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.

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(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant(s) was tried and convicted. A copy of this 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(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.