The court may suspend a sentence on humanitarian grounds if the applicant demonstrates terminal illness.

ORDER :

ILESH J. VORA, J.

1. Rule. Learned APP waives service of Rule on behalf of respondent State. By consent, Rule is fixed forthwith.

2. By way of this application under Section 430(1) of BNSS, 2023, the applicant Kamlaben w/o. Kantibhai Bhurabhai Talar, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Sections 302, 201, 114 of the Indian Penal Code.

3. The present appeal and the application for suspension of sentence arise from the judgment dated 12.09.2022 and order of sentence passed in Sessions Case No. 18 of 2020, whereby, the applicant herein was convicted and sentenced as under:

4. Facts and circumstances giving rise to file appeal as well as this application are that the deceased Kantibhai Talar being the husband of the accused Kamlaben, was the hurdle between the applicant accused and Vijay Talar, as both had extra marital affairs and therefore, both the accused strangulated the deceased on 16.01.2020. Pursuant to the FIR, they were arrested and at the end of investigation, chargesheet came to be filed. At the end of trial, the court below found guilty the accused for the murder of Kantibhai.

5. Learned advocate Mr. P. V. Patadiya, appearing on behalf of the applicant while praying for suspension of sentence contended that, the applicant Kamlaben is terminally ill as the breast cancer is at the last stage. She was referred to the Medical Board, Vadodara and the Board vide opinion dated 13.09.2024, observed that, she is terminally ill. In such circumstances, considering the serious illness, the counsel prays for suspension of sentence and grant of bail.

6. On the other hand, Ms. C. M. Shah, learned Additional Public Prosecutor has supported the impugned judgment and order of conviction as passed by the trial Court and contended that, the treatment at Vadodara hospital is available and therefore, court may not exercise discretion.

7. Issue arises for our determination, as to whether the applicant has made out a case for suspension of sentence?

8. We have carefully examined the case records and considered the submissions made at the bar. It is no doubt true that, the applicant is suffering from breast cancer and it has spread on her all over the body and according to opinion of the Medical Board, she is terminally ill. In such circumstances, on humanitarian ground, we are inclined to suspend the sentence.

9. Accordingly, present application is allowed. Rule is made absolute to aforesaid extent. The sentence of the applicant awarded vide judgment dated 12.09.2022 by the learned Additional Sessions Judge, Lunawada, Mahisagar, in Sessions Case No. 18 of 2020 is suspended during the pendency of the Criminal Appeal and the applicant shall be released on bail on her furnishing a personal bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the trial Court subject to condition that she will not leave India without prior permission of this Court and shall appear before this court as and when appeal is taken for final hearing and shall not change her address and in case of change in address, shall inform to the concerned police station as well as to this Court. Direct service permitted.