Sunnat Bano @ Bhanwari Devi vs State Of Rajasthan

The instant application for suspension of sentences under Section 389 CrPC has been preferred on behalf of the appellant-applicant Smt. Sunnat Bano @ Bhanwari Devi W/o Babu Khan, who has been convicted and sentenced as below vide the judgment dated 17.06.2022 passed by the learned Additional Sessions Judge, Sujangarh, District Churu in Sessions Case No.14/2014 :

Offence for which convicted

Sentence, fine and default sentence awarded

Sentence, fine and default sentence awarded

Life imprisonment alongwith a fine of Rs.10,000/- and in default of payment of fine, further to undergo simple imprisonment of three months

Section 201 IPC

Simple imprisonment of 7 years alongwith a fine of Rs.3000/- and in default of payment of fine, further to undergo simple imprisonment of one month

The appellant-applicant was arrested in this case on 13.06.2014 and since then she continues to be in custody.

Learned Public Prosecutor has filed reply to the application for suspension of sentence, a perusal whereof reveals that the appellant has undergone imprisonment of about 8 years and 3 months.

We have heard and considered the submissions advanced by learned counsel representing the appellant-applicant, learned Public Prosecutor and learned counsel for the complainant and have gone through the impugned judgment and the record.

The prosecution has come out with a case that the deceased Sabeera Banu was married to Siraj Mohammed, son of the appellant-applicant. When the first informant Ameen Khan reached the place of incident, Babu Khan and his relatives confessed that they had committed a mistake. It was also alleged that the evidence of commission of offence was also destroyed by the accused persons. As per the sworn testimony of the first informant Ameen Khan (P.W.1), the allegation of the extrajudicial confession is specifically against Babu Khan and vaguely against the other relatives. The knife (weapon of offence) was recovered in furtherance of a disclosure statement made by the accused Babu Khan to the Investigating Officer under Section 27 of the Evidence Act. It may be mentioned here that the trial court acquitted the accused from the charge under Section 498-A of the IPC.

We are of the view that there is merit in the contention of the learned counsel for the appellant that the evidence against the appellant would at best indicate that she was responsible for the offence of destruction of evidence, which is punishable under Section 201 of the IPC and carries punishment of 7 years. The appellant has already remained in custody for more than 8 years. Hence, there are valid and justifiable grounds on record to suspend the sentences awarded to the appellant 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, Sujangarh, District Churu vide judgment dated 17.06.2022 in Sessions Case No.14/2014 against the appellant-applicant Smt. Sunnat Bano @ Bhanwari Devi W/o Babu Khan 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 21.10.2022 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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

That if the applicant changes the place of residence, she 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 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 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.