Kaldione Bthuh vs State Of Meghalaya

Ranjit More, CJ

Heard Mr. S.P.Mahanta, learned Sr. counsel for the applicant and Mr. K.Khan, learned PP for the State. The application is taken out for bail pending final hearing of the main appeal.

The applicant, a lady, is alleged to have killed her husband and minor son and caused grievous injury to her daughter in the morning of 28 th March, 2003 at 7.45 AM. The First Information Report was filed on the same day by two complainants namely, Shri. Jarly Pohplet, Headman and Shri Lukas Supooh, General Secretary, Umlari Model Village, Amlarem Sub-Division. The same was registered as Dawki Police Station Case No. 9(3)/2003 under Section 302/326 IPC. After completion of the investigation, chargesheet was filed and appellant pleaded not guilty.

In order to establish the charge, prosecution examined a total of 8(eight) witnesses. Learned Additional Deputy Commissioner (Judicial), West Jaintia Hills District, Jowai, while holding that the charges against the appellant are proved, mainly relied upon the evidence of PW1, PW 2 and PW 5. Perusal of the evidence of these witnesses would reveal that they did not witness the incident in question. However, they only saw the appellant coming out from her house holding the doa in her hand. The evidence further reveals that there were no blood stains on the said doa.

Learned Additional Deputy Commissioner also relied upon the statement of the appellant under Section 164 CrPC. However, this statement was not exhibited before the court. In addition to this, the statement could not have been relied upon in the light of the provision of Sub-section 5 of Section 164 CrPC inasmuch as the appellant was given oath and no time was given for reflection.

The appellant is a lady. During the trial, she was on bail and she was taken into custody immediately after the conviction order by learned Additional Deputy Commissioner.

In above circumstances, we are of the opinion that case for bail during pendency of final hearing of the appeal is made out. Accordingly, we pass the following order:

(i) During the pendency of final disposal of this appeal, appellant is directed to be enlarged on bail on same terms and conditions on which she was granted bail during the trial by the trial court. Additionally, the appellant is directed not to abscond and remain present at the time of final hearing.

It is made clear that the observation hereinabove are prima facie made for the purpose of disposal of this application.

Accordingly, Misc. application disposed of.