Silochana vs State

Heard and considered the submissions advanced by learned counsel representing the applicant-appellant, learned Public Prosecutor as well as learned counsel for the complainant and have gone through the impugned judgment and the material available on record.

The appellant applicant herein stands convicted and sentenced for the offences under Sections 302, 201 of IPC vide judgment dated 11.03.2019

passed by the Additional Sessions Judge No.1, Nohar, District Hanumangarh in Sessions Case No.58/2017 (22/2015).

The entire case of prosecution is based on circumstantial evidence. The prosecution has tried to impute that the accused- appellant murdered the child

Harish by strangulating him and threw the body into the canal. However, despite the fact that the incident took place in the day hours, neither did any witness see the child with the accused-appellant nor could the prosecution collect any direct evidence so as to connect the accused-appellant with the

crime. Accused-appellant, who is a woman, is in custody for last nearly five years. Hearing of the appeal is unlikely in near future.

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 the Additional Sessions Judge No.1, Nohar, District Hanumangarh, vide judgment dated 11.03.2019 in Sessions Case No.58/2017 (22/2015) against the appellant-applicant Silochana W/o Kesra Ram, 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 22.02.2021 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(s) changes the place of residence, she will give in writing her 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.