"She Is In Employment As A Sweeper Who Has To Provide For Her Grandchildren": Bombay HC While Staying Conviction In Dowry Death Case

The Bombay High Court has stayed the conviction of a woman-sweeper in a dowry death case on the ground that she had to provide for her grandchildren.

The applicant had filed an interim application before the High Court seeking a stay of her conviction passed by the Additional Sessions Judge.

A Single Bench of Justice M.S. Karnik observed, “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.”

Advocate Ritesh M. Thobde appeared on behalf of the applicant/convict while APP Anamika Malhotra appeared on behalf of the respondent/State.

In this case, the applicant was the mother-in-law of a deceased woman and was convicted by the Trial Court for the offences punishable under Sections 498A, 306, and 304B of the Indian Penal Code and sentenced to suffer imprisonment, the maximum term being seven years. The appeal was since been admitted and the sentence was suspended by the order passed by the High Court. The applicant was enlarged on bail and the application was for a stay of the conviction.

The High Court in view of the above facts noted, “The Applicant, a Class IV employee was working as a Sweeper with the Health Department of the Solapur Municipal Corporation at the relevant time. The two grand minor children are in the custody and residing with the Applicant.”

The Court said that it is a rare and exceptional case where the facts are such that the conviction needs to be stayed and the appeal is likely to take a long time to be heard finally considering the pendency.

“The Applicant’s son is in custody. It is further material to note that when the Applicant had visited the office of the Solapur Municipal Corporation for reporting for duty, she was informed that appropriate action would be taken only after the orders staying the conviction is produced by her”, added the Court.

Accordingly, the High Court stayed the conviction of the applicant and disposed of the interim application.

Cause Title- Chanda Ram Shivsharan v. The State of Maharashtra (Neutral Citation: 2023:BHC-AS:23105)

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