Case Note & Summary
The appellant, M. Radha Hari Seshu, was convicted by the III Additional District & Sessions Judge, Ranga Reddy District, L.B. Nagar, on 14.12.2016 in Sessions Case No.306 of 2013 for offences under Sections 304B (dowry death) and 498A (cruelty by husband or relative) of the Indian Penal Code (IPC). He was sentenced to life imprisonment with a fine of Rs.5,000 for the offence under Section 304B and three years' imprisonment with a fine of Rs.3,000 for the offence under Section 498A IPC. The appellant's parents, originally accused nos.2 and 3, were discharged. The appellant filed Criminal Appeal No.1325 of 2016 before the High Court of Telangana and also filed I.A.No.1 of 2019 under Section 389(1) CrPC seeking suspension of sentence and bail pending appeal. The High Court dismissed this application on 20.03.2019. Aggrieved, the appellant approached the Supreme Court by way of special leave petition. The Supreme Court granted leave and heard the matter. The appellant's senior counsel argued that the prosecution failed to prove the guilt, that the deceased married the appellant on 13.02.2005 and they had two children, that there was no evidence of cruelty soon before death, and that the trial court erroneously relied on interested witnesses (PW1, PW2, PW3). The State opposed the appeal, submitting that the High Court had validly rejected the application. The Supreme Court, without going into the merits of the conviction, noted that the appellant had been in jail since 15.12.2016 and that the appeal was pending before the High Court. Considering the period of incarceration and other factors, the Court found it a fit case to suspend the sentence and release the appellant on bail, subject to conditions to be imposed by the trial court, and directed that the appellant shall not leave the country pending disposal of the appeal. The impugned order of the High Court was set aside.
Headnote
A) Criminal Procedure - Suspension of Sentence - Section 389(1) CrPC - Bail Pending Appeal - The appellant, convicted under Sections 304B and 498A IPC and sentenced to life imprisonment, sought suspension of sentence pending appeal before the High Court. The High Court dismissed the application. The Supreme Court, considering that the appellant was in jail since 15.12.2016 and the appeal was pending, held it a fit case to suspend the sentence and release the appellant on bail, without going into merits. (Paras 9-11) B) Evidence - Interested Witnesses - Credibility - The appellant argued that prosecution witnesses PW1, PW2 (parents of deceased) and PW3 (friend) were interested witnesses and their testimony should not be relied upon, citing Piara Singh & Ors. v. State of Punjab. However, the Supreme Court did not delve into merits at this stage. (Para 6) C) Dowry Death - Section 304B IPC - Ingredients - The appellant contended that there was no evidence to show that soon before her death the deceased was subjected to cruelty or harassment by the husband. The Supreme Court did not examine this issue on merits. (Para 6)
Issue of Consideration
Whether the High Court was justified in dismissing the application for suspension of sentence under Section 389(1) CrPC filed by the appellant convicted under Sections 304B and 498A IPC.
Final Decision
Appeal allowed. Impugned order dated 20.03.2019 passed by the High Court of Telangana in I.A.No.1 of 2019 in Criminal Appeal No.1325 of 2016 is set aside. Sentence imposed on the appellant in Sessions Case No.306 of 2013 is suspended pending disposal of appeal before the High Court. Appellant shall be released on bail subject to conditions imposed by the trial court. Appellant shall not leave the country pending disposal of the appeal.
Law Points
- Suspension of sentence under Section 389(1) CrPC
- bail pending appeal
- consideration of period of incarceration
- prima facie case not to be gone into at interim stage
