1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 2195/2009 IN CRIMINAL 319/2009 (Anuradha Suresh Pawarl ..vs.. State of Maharashtra ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------------------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------------------------------------------------------------- - -- CORAM : S.R.DONGAONKAR, J. DATE : 26th JUNE, 2009 Heard Shri Badar, Advocate for the applicant and Shri Sonare APP for the state. This is an application under section 389 of Criminal Procedure Code for suspension of the order of conviction passed by the trial Court. The applicant is the Headmistress who had been convicted by Sessions Judge, Akola for the offences under section 306 of Indian Penal Code. It is stated that the applicant has deposited the fine amount, which was to be paid as compensation. The appeal of the appellant has been already admitted and the sentence of the appellant is suspended till the disposal of this appeal. Question is regarding staying of her conviction. The grounds raised for staying conviction are that, applicant is a lady, she is working as 2 Headmistress at Zilla Parishad School, Mana, if the order of conviction is not stayed, there is every possibility that the applicant might loose her job, she is respected person in the society, this is the only offence, she is sentenced for a fixed term and some other grounds. It contended by learned counsel for the applicant that if the conviction is not stayed, applicant would loose her job. This is a very peculiar case, wherein the conviction is prayed to be stayed. Learned counsel for the applicant has relied on the judgment of the Apex Court reported in (2007)1 SCC (Cri)627 Navjot Singh Sidhu ..vs.. State of Punjab and another, wherein the conviction was stayed, to point out as to whether the conviction can be stayed in this case. He has also relied on the judgment of the Apex Court in (2002) 5 SCC 371 Sanju @ Sanjay Singh Sengar ..vs.. State of M.P. wherein the ingredients of instigation (abetment), were settled . The question as regards the stay of conviction needs to be considered on the backdrop of the fact that the P.W. 1 Lalitabai Onkar Gaikwad & P.W. 2 Bhaskar Hariram Maldhane, have turned hostile to the prosecution. Witness P.W.3 Gangaram Haribhau Vijaykar is the husband of the deceased. From the cross examination of this witness, it is apparent that there are several omissions in statements which are material in nature. He could not explain as to why she did not state the material facts before the police. What is shocking is that in 3 paragraph 17 he has stated thus: “It is true to say that police had asked me to put my thumb impression on printed form saying that they will prepare the complaint themselves and that I am very well go. It is incorrect to say that I am false deposing about Anuradhabai in the court that no such incident had ever taken place.” Thus, the only evidence which is pressed into service by the prosecution in support of the conviction the efficacy of which is shattered. In this view of the matter, and also in view of the judgment of this court in 2002 ALL MR (Cri) 164 S. Manik Reddy s/o S. Sanganna Reddy ..vs.. State of Maharashtra, the stay of conviction is warranted, particularly, when it is possible that the applicant may loose her job and respect in the society, even for shaky evidence at the trial In the result, this application needs to be allowed. Conviction recorded by the learned trial Judge is stayed till the disposal of this appeal. It is made clear that all the benefits which are to be accrued consequent to the stay of conviction of the appellant, shall be subject to the final orders of this court. Application stands disposed. JUDGE SMP