Sentence Suspended Pending Appeal — Conviction Under S.498A & S.306 IPC Set Aside on Bail Pending Final Hearing
The applicant, Rajeshbhai Bhavanbhai Maru, had been convicted by Sessions Court No. 1, Ahmedabad vide judgment dated 19 January 2023 for offences punishable under Section 498A (cruelty to wife) and Section 306 (abetment of suicide) of the Indian Penal Code, and sentenced to concurrent rigorous imprisonment of 7 years. The Criminal Appeal against the conviction had already been admitted by a Coordinate Bench of the Gujarat High Court on 13 March 2023. The present application sought suspension of the sentence and release on bail pending final disposal of the appeal.
- The deceased had a small child and was clinically suffering from postpartum depression — a condition with a recognised tendency toward suicidal ideation. A psychiatrist, Dr. Bhaveshkumar Manharlal Lakdawala, who was treating the deceased, was examined as Defence Witness No. 3 (Exh. 39) and stated on oath that the deceased was under treatment for postpartum depression.
- The trial court’s own judgment recorded that there was no direct evidence of any abetment of suicide or of physical and mental harassment by the applicant. The court noted it was a love marriage and the deceased’s parents were not happy with the union — pointing to an alternate cause of distress.
- Given the psychiatric evidence on record and the trial court’s own observations, the Sessions Court ought to have acquitted the applicant — the conviction suffered from patent infirmities and the applicant had a strong case on merits in appeal.
- The applicant had remained on bail throughout the trial without any misuse. He had aged parents dependent on him.
- The criminal appeal, having been admitted, would take considerable time for final hearing — keeping the applicant in custody for the entire pendency would result in injustice.
The Court noted that the final hearing of the criminal appeal would take considerable time and that the applicant’s continued presence in judicial custody during that period was not warranted. The Court placed reliance on two Supreme Court precedents in arriving at this conclusion:
The application was allowed. The sentence dated 19.01.2023 passed by Sessions Court No. 1, Ahmedabad in Sessions Case No. 128 of 2022 was suspended pending hearing and final disposal of the criminal appeal. The applicant was ordered to be released on bail on a personal bond of Rs. 10,000/- with surety of the like amount, subject to the following conditions:
- Shall pay the fine amount if not already paid before release.
- Shall not take undue advantage of liberty or misuse liberty.
- Shall not leave India without prior permission of this Court.
- Shall furnish present residential address to the concerned Court at time of executing the bond and shall not change residence without prior permission of this Court.
- Shall maintain law and order.
- Shall not indulge in any activity leading to breach of public peace and tranquility.