TULSI TELINI Vs. KING-EMPEROR

JUDGEMENT

(1.) This is an application by the petitioner, one Tulsi Telini, praying that this Court, under Section 498 of the Criminal Procedure Code, will stay execution of the sentence of imprisonment passed against her, until the petition, which she alleges she is about to present to His Majesty in Council, is disposed of. The application is really that the petitioner-may be admitted to bail pending the application to the Privy Council.

(2.) It appears that the petitioner was charged, under Sec. 380 of the Indian Penal Code, in the Court of the Fourth Presidency Magistrate of Calcutta. The Magistrate came to the conclusion that he could not convict her on the charge of theft or of receiving stolen property. He then proceeded to say - "But at the same time I have good reasons to suspect that the money and the ornaments, especially the ornaments, were stolen property. And as the accused has not given a satisfactory explanation of her possession of the same, I find her guilty under Section 54-A of the Calcutta Police Act of being in possession of property reasonably suspected to be stolen" : and he sentenced her to three months imprisonment.

(3.) The petitioner obtained a Rule from this Court which was heard by my learned brothers. Mr. Justice Newbould and Mr. Justice Suhrawardy.