Gujarat High Court
Vanitaben Shantilal Vasava vs State Of Gujarat on 13 December, 2018
Author: A.G.Uraizee
Bench: A.G.Uraizee
R/CR.A/1896/2018 IA ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION NO. 1 of 2018
IN
R/CRIMINAL APPEAL NO. 1896 of 2018
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VANITABEN SHANTILAL VASAVA Versus STATE OF GUJARAT ============================================================================== Appearance:
MR NIKHIL S KARIEL for the PETITIONER(s) No. MR KP RAVAL, APP for the RESPONDENT(s) No. ================================================================ CORAM: HONOURABLE MR.JUSTICE A.G.URAIZEE Date : 13/12/2018 IA ORDER
1. This application under Section 389 of the Criminal Procedure Code is preferred for suspension of sentence pending the Criminal Appeal No.1896 of 2018.
2. The applicant herein is convicted by the judgment and order passed by the learned District Judge, Narmada in Session Case No.5 of 2017 dated 27.09.2018 for the offences punishable under Sections 498(A), 323 and 306 read with Section 114 of the Indian Penal Code. The applicant is directed to undergo following sentence for the aforesaid offences:
Offences Sentence
498(A) 2 Years R.I., Rs.1000/
Fine,
323 6 Months R.I., Rs.500/Fine
306 5 Years R.I., Rs.2000/ Fine
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R/CR.A/1896/2018 IA ORDER
3. I have heard Mr. Nikhil S. Kariel,
learned advocate for the applicant and Mr.
K.P. Raval, learned APP for the respondent State.
4. Mr. Kariel, learned advocate for the applicant submitted that the sentence imposed on the applicant is fixed sentence. The applicant has challenged his conviction by filing appeal which is not likely to be heard in near future. He further submitted that the applicant was on bail pending trial and she did not misused the liberty. If the applicant is not released on bail pending the appeal would become infructuous. He submitted that the prosecution evidence against the applicant about the cruelty meted out to the deceased is vague and general in nature. The prosecution has not adduced any evidence on record to show that mental cruelty of taunting the deceased was so grave and recurrent which would have led the deceased to commit suicide. He further submitted that the applicant is a female convict. Hence, the present application may be allowed and the sentence may be suspended and the applicant may be released on bail pending appeal.Page 2 of 5
R/CR.A/1896/2018 IA ORDER
5. Mr. K.P. Raval, learned Additional Public Prosecutor opposed this application. He submitted that it was a love marriage between the son of the applicant and deceased and soon after the marriage the son of the applicant, juvenile and applicant started doubting the fidelity of the applicant. He also submitted that the applicant and his son were barbering a suspicion that the deceased was having illicit relations with others which accordingly they used to taunt her. It is submitted that taunting was recurrent and incessant which led the deceased to commit suicide. He, therefore, urged that the present application may be dismissed.
6. It emerges from the rival submissions that the marriage between the deceased and the son of the applicant who is juvenile was a love marriage. Initially, the alliance was not approved by the father of the deceased, but, later on, he reconcile and accepted the relationship which culminated into the marriage. The applicant and his son used to taunt the deceased on account of their suspicion about her having extra marital relation with others which led the deceased Page 3 of 5 R/CR.A/1896/2018 IA ORDER to commit suicide. Whether the taunts which were given by the applicant and his son were incestuous and recurrent and were enough to lead an ordinary person to commit suicide is the matter of appreciation of evidence which can be done at the final hearing of the appeal. The applicant, a lady, is sentence to suffer five years of imprisonment for offence punishable under Section 306 of Indian Penal Code. In her appeal against conviction, she has raised multiple legal and factual issues which require consideration. The livelihood of her appeal being heard in near future is very less, if the sentence is not suspended and the applicant is not released on bail pending appeal, the appeal could become meaningless, and this Court cannot overlook the fact that pending trial the applicant was on bail and she did not misused her liberty.
Under the circumstances, I am of the view that the discretions waste in this Court under Section 389 of the Code is required to be exercised in favour of the applicant to release on bail pending appeal.
7. For the foregoing reasons, the present application succeeds and is hereby allowed.
Page 4 of 5R/CR.A/1896/2018 IA ORDER Consequently, the judgment and order passed by the learned District Judge, Narmada in Sessions Case No. 5 of 2017 dated 27.09.2018 is hereby suspended and it is ordered that the applicant shall remain on bail pending hearing of the appeal on the same terms and conditions as imposed at the time of enlarging the applicant on regular bail pending trial by furnishing fresh bail bond in the sum of Rs.10,000/ (Rupees Ten Thousand Only), as well as surety of like amount, to the satisfaction of the trial Court and also subject to the further condition that she shall at the time of execution of bond, furnish their complete address to the trial Court and shall not change the same without intimation to the trial Court. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(A.G.URAIZEE, J) Manoj Page 5 of 5