Rajani W/O Pravin Lanjewar (In Jail) v. The State Of Maharashtra, Thr. P.S.O. P.S. Ambazari, Nagpur
1 appa752.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPA) NO.752 OF 2017 IN CRIMINAL APPEAL NO.447 OF 2017 [Rajani w/o Pravin Lanjewar .vs. The State of Maharashtra] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : KUM. INDIRA JAIN, J.
DATED : OCTOBER 06, 2017.
By this application, original accused is seeking suspension of substantive sentence of imprisonment imposed by the learned Ad-hoc Additional Sessions Judge-3, Nagpur vide judgment and order dated 7.9.2017 in Sessions Trial No.479/2013.
The accused has been convicted of the offence punishable under section 306 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs.10,000/- in-default to suffer rigorous imprisonment for six months.
Heard Shri Avinash Gupta, learned Senior Counsel a/w Shri A.A. Gupta, learned counsel for applicant and Shri Shyam Bissa, learned APP for respondent-State.
With the assistance of the learned counsel for the parties, this court has perused the impugned judgment and order passed by the trial court. It is apparent that incident occurred on 24.1.2012. On the same day, report was lodged by father of the
2 appa752.17.odt deceased. That time, he did not disclose material facts in the report relating to the alleged illicit relations between accused and the deceased. There is no whisper in the first report that accused was threatening the deceased with a view to extract money from him taking disadvantage of the alleged illicit relations. For the first time in the report lodged on 6.4.2012, father alleged that accused was instrumental in abetting commission of suicide by the deceased.
The learned senior counsel for applicantappellant submitted that applicant was released on anticipatory bail by the Hon'ble Apex Court and during trial she was on bail.
Considering the inordinate delay in lodging FIR, recording statements of the witnesses, the absence of a whisper in the evidence of material witnesses regarding role of the accused to abet commission of suicide and since accused was on bail during trial, this court is inclined to allow the application. Hence, the following order :
ORDER
(i) The execution of substantive sentence of imprisonment is suspended during pendency of appeal on applicant's furnishing PB & SB of Rs.15,000/- each to the satisfaction of the trial court.
(ii) Criminal Application No.752/2017 is allowed in the above terms.
JUDGE Gulande