High Court Punjab-Haryana High Court

Smt. Bhagwati And Another vs State Of Haryana on 11 December, 2008

Punjab-Haryana High Court
Smt. Bhagwati And Another vs State Of Haryana on 11 December, 2008
    IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

              Crl. Misc. No. 50459 of 2008 in
              Crl. Appeal No. 108-DB of 2005

                                               Date of decision: December 11, 2008

Smt. Bhagwati and another
                                                          ..... Applicants/appellants

                    Versus

State of Haryana
                                                          ..... Respondent

CORAM: HON'BLE MR. JUSTICE S.S. SARON.
       HON'BLE MRS. JUSTICE SABINA.


Present:      Mr. Baldev Singh, Senior Advocate with
              Mr. Deepinder Singh, Advocate for the
              applicant -Bhagwati (appellant No.1).

              Mr. H.S. Sran, Addl. A.G., Haryana.

S.S. SARON, J.

Heard counsel for the parties.

The affidavit of Sh. Risal Singh, Superintendent Jail, Narnaul filed in

Court today is taken on record.

The applicant Bhagwati Devi (appellant No.1) by way of the Crl. Misc.

application seeks suspension of her sentence of imprisonment during the pendency of

the appeal.

In terms of the Custody Certificate, the applicant Smt. Bhagwati

(appellant No.1) as on 06.9.2008 has undergone actual imprisonment of four years,

six months and twenty-seven days which includes a period of more than three years

after her conviction.

A Division Bench of this Court in the case of Dharampal V. State of

Haryana, 1999 (4) RCR (Crl.) 600 laid down certain guidelines which provide that

life convicts who have undergone five years of imprisonment of which three years

should be after conviction should be released on bail pending hearing of the appeal.

It was further provided that the period of five years should be reduced to four years
Crl. Misc. No. 50459 of 2008 in [2]
Crl. Appeal No. 108-DB of 2005

for females and minors with at least two years’ imprisonment after conviction. The

applicant is a lady. Therefore, the parameters as laid down in Dharampal’s case

(supra) have been satisfied in the present case as well.

Learned Senior counsel has also referred to the cross-examination of

Leela Ram complainant (PW-6) who has stated that Police had taken Smt. Bhagwati

(applicant/appellant No.1) in custody on 12.5.2004. It is submitted that Suraj Bhan

(PW-8) has stated that on 17.5.2004 both the accused Smt. Bhagwati

(applicant/appellant No.1) and Attar Singh (non-applicant/appellant No.2) had come

to the baithak of Rameshwar and made an extra judicial confession that they had

murdered Sandeep. It is submitted that in case Smt. Bhagwait (appellant

No.1/applicant) had been taken in custody on 12.5.2004, she could not have gone to

the baithak of Rameshwar on 17.5.2004 and made an extra judicial confession. In

support of his contention, reliance is placed on case titled State of Haryana v.

Jagbir Singh, 1978 Criminal Law Journal 152 (SC). The contentions as raised

would more appropriately be considered and gone into at the time of final hearing of

the appeal. However, the applicant having undergone more than four and a half years

of imprisonment, it would be just and expedient to suspend her sentence of

imprisonment.

Accordingly, Crl. Misc. No.50459 of 2008 is allowed and the sentence

of imprisonment of the applicant Smt. Bhagwati (appellant No.1) shall during the

pendency of the appeal remain suspended subject to her furnishing personal bond and

surety to the satisfaction of the learned Chief Judicial Magistrate, Narnaul.




                                                           (S.S. SARON)
                                                             JUDGE


December 11, 2008                                            (SABINA)
amit                                                          JUDGE