Smt Baduri vs State

Learned Public Prosecutor Shri Anil Joshi has chosen not to file reply to the application under Section 389 Cr.P.C. despite opportunity being provided and he proposes to argue the matter orally.

Heard learned counsel for the applicant-appellant and learned Public Prosecutor and perused the material available on record.

Learned Counsel Shri Gajendra Singh urges that the sole eyewitness PW.7 Suresh has not assigned any particular injury to the accused appellant Smt. Baduri. He urges that the specific allegation of this witness regarding the fatal injuries caused to his grandfather i.e.,the deceased Bhanwarlal is attributed to co-accused Asuram and Omprakash. He thus, urges that the applicant-appellant who is a lady and is behind the bars deserves indulgence of bail during the pendency of the appeal.

Learned Public Prosecutor vehemently and fervently opposed the submissions advanced by the learned counsel representing the accused appellant and urges that the applicant-appellant was also present at the scene of occurrence. However, he is not in a position to dispute the fact that the sole eyewitness PW. 7 Suresh has attributed the two blunt weapon fatal injuries inflicted to the deceased to the two male co-accused Omprakash and Asuram (who passed away during trial).

In this background and considering the fact that the applicant-appellant is a woman and was on bail during the course of trial, we are inclined to accept the instant application for suspension of sentences. 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 learned Additional Sessions Judge No.1, Parbatsar, District Nagaur vide judgment dated 29.03.2019 in Sessions Case No.11/11 (CIS No.102/14) against the appellant-applicant Smt. Baduri W/o Shri Krishna Ram shall remain suspended till final disposal of the aforesaid appeal and she shall be released on bail, provided she executes 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 their appearance in this court on 25.06.2019 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

That he/she/they 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/she/they will give in writing his/her/their 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/were 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.