Criminal Miscellaneous No. 13147 of 2016 in Criminal Appeal-S No. 1500-SB of 2012

Decided On: 16.01.2017

Appellants: Bibi Jagir Kaur Vs. Respondent: Central Bureau of Investigation

Hon'ble Judges/Coram:
Ajay Kumar Mittal and Ramendra Jain


Ajay Kumar Mittal, J.

1. The present application has been filed by the applicant-appellant under Section 389 read with Section 482 of the Code of Criminal Procedure, 1973 (in short, "the Cr.P.C.) seeking suspension of conviction qua her during the pendency of the main appeal.

2. A few facts relevant for the decision of the controversy involved as narrated in the application may be noticed. FIR dated 3.10.2010 was registered against the applicant alongwith others under Sections 302, 304, 313, 201, 120-B of the Indian Penal Code (in short, "IPC"). After investigation and trial by the Sessions Court, the applicant was convicted under Section 120-B read with Sections 313, 365 and 344 of the IPC and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of ` 5000/- and in default of payment to undergo further rigorous imprisonment for a period of six months. Against the said judgment, the applicant filed Criminal Appeal-S. No. 1500-SB of 2012 in this Court which was admitted for regular hearing vide order dated 7.5.2012 Thereafter, the applicant prayed for suspension of sentence by way of Criminal Miscellaneous No. 39013 of 2012 during the pendency of the appeal. The said application was disposed of vide order dated 1.11.2012 as the applicant was directed to be released on bail on her furnishing bail bonds to the satisfaction of Chief Judicial Magistrate, Patiala. It was further observed that the applicant cannot leave the country without the prior permission of this Court. Thereafter, the applicant approached this Court through CRM No. 20540 of 2015 for permission to visit abroad for a period of three weeks which was allowed vide order dated 13.7.2015, Annexure A.2. The applicant asserts that she is a sitting MLA representing Bholath constituency in the Punjab Legislative Assembly. She is also a senior Vice President of the Shiromani Akali Dal (Badal) and President of the Woman Wing of the party. The applicant has served as Cabinet Minister in the State of Punjab on more than one occasion. She was the first and only woman President of the Shiromani Gurudwara Prabandhak Committee and has discharged various responsibilities conferred on her in public life with distinction. According to the applicant, she has falsely been implicated in the present case. Since the sentence imposed upon her is only for a limited duration, the same does not qualify as moral turpitude. The applicant has been constrained to approach this court on account of impending election in the State of Punjab in the year 2017 wherein the applicant being a senior leader of the party is likely to campaign across length and breadth of the State and is likely to seek another opportunity to serve the constituency of Bholath which she has served earlier on three occasions. On account of conviction of the applicant, she is not competent to contest the election due to bar contained in Section 8 of the Representation of Peoples Act, 1951 (in short, "the 1951 Act"). Hence the instant application for suspension of conviction by the applicant. The CBI and the complainant-Kamaljeet Singh have filed Crl.A.-D-867-DB-2012........