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The High Court noted, "Though the Applicant is convicted, however considering the nature of the evidence against the Applicant, the delay in lodging of the FIR which is not satisfactorily explained, the fact that she is in employment as a Sweeper who has to provide for her grandchildren, are factors which have persuaded me to stay the conviction"
In a compassionate ruling, the Bombay High Court has temporarily stayed the conviction of a woman-sweeper in a dowry death case, highlighting the necessity for her to provide for her grandchildren.
The woman had filed an interim application before the High Court seeking a stay on her conviction, which had been handed down by the Additional Sessions Judge. In this unique case, a Single Bench of Justice M.S. Karnik found compelling reasons to grant the stay.
The applicant, who was the mother-in-law of a deceased woman, had been convicted by the Trial Court for offenses under Sections 498A, 306, and 304B of the Indian Penal Code. She was sentenced to a term of imprisonment, with the maximum being seven years. Subsequently, her appeal was admitted, and her sentence was suspended by the High Court. The applicant was released on bail, and she filed the application requesting a stay of her conviction.
Justice Karnik, in his observation, stated, "Though the Applicant is convicted, however considering the nature of the evidence against the Applicant, the delay in lodging of the FIR which is not satisfactorily explained, the fact that she is in employment as a Sweeper who has to provide for her grandchildren, are factors which have persuaded me to stay the conviction."
The High Court further noted that this was a rare and exceptional case where the circumstances warranted the stay of conviction, particularly due to the expected lengthy duration of the appeal process. Additionally, the applicant's son was in custody. The court also highlighted that during her visit to the Solapur Municipal Corporation for reporting to duty, she was informed that appropriate action would be taken only after producing the orders staying the conviction.
Consequently, the Bombay High Court granted a stay of the conviction of the applicant and disposed of the interim application, considering the unique factors and responsibilities she faced as a grandmother and a municipal employee.
Case Title: Chanda Ram Shivsharan v. The State of Maharashtra
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