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77 10.07.2019
CRA 187 of 2018
Aloke/dd with
CRAN 832 of 2019
In the matter of : Smt. Sangeeta Sharma .. … Appellant
Mr. Debasish Roy
Mr. Pawan Kr. Gupta
…. ….for the Appellant
Mr. Saibal Bapuli, ld. APP
Mr. B. Bhattacharyya
… …For the State
In Re : CRAN 832 of 2019
One among the four convicts in a sessions trial charge-
sheeted against five accused persons for the offence
punishable under Sections 498A/302 read with Section 34 of
the Indian Penal Code is the appellant in this appeal. The
husband of the deceased victim being one of the five accused
persons was acquitted. His three brothers and his sister-in-
law, who is the appellant in this appeal, were convicted and
handed down sentence of life imprisonment being the highest
sentence on different counts, all directed to run concurrently.
In an earlier round the application for suspension of
sentence submitted on behalf of the appellant in this appeal,
Smt. Sangeeta Sharma was rejected. Thereafter, the
application for suspension of sentence of other three convicted
persons has been allowed by a co-equal Bench and such
subsequent event may be taken note of and a sympathetic
consideration may be extended to the appellant, Smt.
Sangeeta Sharma, the allegations against whom and the
findings against whom are contemporaneous with those as
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regards the other three convicts whose sentences stand
suspended.
Learned Public Prosecutor pointed out that it would be
apposite to look into the statement which is shown to have
been recorded from the deceased as a dying declaration. The
same has been read out to us and explained in English
language as one amongst us is not conversant enough in
Bengali in which that statement has been recorded. The said
statement on its full face value does not classify the
allegations or statements made by the victim as regards her
husband’s three brothers put on one hand as well as the
allegations against Smt. Sangeeta Sharma put on a different
colour. We, therefore, do not see any clear line through which
we can segregate the type of allegation and consider the case
of appellant, Smt. Sangeeta Sharma differently from the line
in which the case of the other three convicts have been
considered while granting order for suspension of sentence.
For the aforesaid reasons, this application is ordered
suspending the sentence imposed upon the appellant, Smt.
Sangeeta Sharma.
Accordingly, we direct that the appellant, Smt.
Sangeeta Sharma shall be released on bail upon furnishing a
bond of Rs.20,000/- (Rupees Twenty Thousands only) with
two sureties of like amount each, one of whom must be a local
surety, to the satisfaction of the learned Chief Metropolitan
Magistrate, Kolkata on condition that she shall appear before
the trial court once in a month till disposal of the appeal.
In the event the appellant fails to do so, the trial court
shall intimate such fact to this Court and the department shall
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place the matter before the appropriate Bench for necessary
order.
Paper Books be prepared within four weeks from the
date of receipt of lower court records.
The application being C.R.A.N. 832 of 2019 is disposed
of.
Urgent Photostat Certified copy of this order, if applied
for, be supplied expeditiously after complying with all
necessary legal formalities.
[Thottathil B. Radhakrishnan, C.J]
[Arijit Banerjee, J]
