AZADAR Vs. CBI

JUDGEMENT

(1.) Heard the learned counsel for the applicant as well as the learned Public Prosecutor.

(2.) It is submitted by the counsel for the accused applicant Smt. Azadi W/o Dilawar Ali that the instant case was initiated when she was travelling along with her son Azadar. Further, he has submitted that the conviction awarded to the applicant is under Section 489B/120B and 489C/120B IPC and sentenced for 5 years and 4 years R.I., respectively. It is also submitted that the accused appellant is an old lady of about 65 years of age. The learned counsel for the applicant has submitted that the accused was arrested on 18.11.07 and as such she has already undergone actual period of custody for about two years nine months, and if total period including remission etc. is to be accounted for, then it shall be much over three years. Therefore, he has submitted that the accused applicant who is an old lady may be now enlarged on bail by suspending her sentence.

(3.) On the other hand, the learned Public Prosecutor has opposed the application for suspension of sentence and submitted that a serious offence has been committed by the accused applicant along with one another, therefore, her sentence may not be suspended. It is also submitted that a case under the Customs Act is still pending before the concerning court. After referring to the evidence, the learned Public Prosecutor has submitted that the learned trial Court has rightlly passed the order of conviction even against the present accused appellant.