SOHWA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present interlocutory application has been preferred by appellant No. 1, namely Sohwa Devi, under Section 389 of the Code of Criminal Procedure for suspension of sentence awarded by learned Additional District and Sessions Judge, Fast Track Court, Koder-ma in Sessions Trial No. 240 of 2001 dated 28th February, 2004, whereby, the present applicant (original appellant No. 1) has been convicted mainly for the offence, punishable under Section 302 of the Indian Penal Code.

(2.) Having heard learned counsel for both the sides and looking to the counter-affidavit, filed by the Superintendent of Lok Nayak Jai Prakash Narayan Central Jail, Hazaribag and also looking to the certificates, issued by the Rajendra Institute of Medical Sciences, Ranch! as well as looking to the illness of the present applicant, it appears that the applicant (original appellant No. 1) is suffering from cancer cervix in advance stage III-B. It also appears that the applicant is getting treatment of the advance stage of cancer. Keeping in mind the factors of advance stage of cancer as well as advance age, i.e. 70 years, of the applicant and also keeping in mind the fact that she is in judicial custody since 21st August, 2000, we hereby suspend the sentence, awarded by the trial Court to the present applicant and enlarge the present applicant (original appellant No. 1) namely Sohwa Devi on bail, during pendency of this appeal, on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the trial Court (learned Additional District and Sessions Judge, Fast Track Court, Koderma) in connection with Sessions Trial No. 240 of 2001, on the condition that she will be available to the trial Court, as and when her presence is required and she will not misuse her liberty, given by the Court.

(3.) LA. (Cr.) No. 706 of 2011 is, accordingly, allowed and disposed of.