Inocent Topno vs The State Of Jharkhand
2021 Latest Caselaw 4927 Jhar

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     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    I.A. No.3157 of 2021
                           In
             Cr. Appeal (S.J.) No.143 of 2021

     Inocent Topno
     @ Innocent Topno @ Hagga                 ......      Appellant
                            Versus
     The State of Jharkhand                   .....    Respondent
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Appellant : Mr. J. J. Sanga, Advocate For the State : Ms. Vandan Bharti, A.P.P.

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               th
06/Dated: 20        December, 2021
I.A. No.3157 of 2021

1. This interlocutory application has been filed under Section 389(1) of the Code of Criminal Procedure for suspension of sentence and grant of ad-interim bail, to the appellant, during the pendency of the appeal.

2. The appeal has been preferred against the judgment of conviction dated 23.02.2021 and order of sentence dated 27.02.2021, passed by the court of learned District & Additional Sessions Judge - I, Khunti, in S.T. Case No.106 of 2015, whereby the appellant has been convicted for the offence under Section 366A of the Indian Penal Code, and sentenced to undergo rigorous imprisonment of 5 years and to pay fine of Rs.20,000/- with the default clause.

3. It has been submitted by the learned counsel for the appellant that although the F.I.R has been lodged under Sections 341, 342, 506, 376(G), 366A of the I.P.C and Section 4 of the POCSO Act, but the appellant has been convicted for the offence under Section 366A of the I.P.C only. It has further been submitted that ingredients of Section 366A of the I.P.C is not made out and further, the prosecutrix herself has stated that the appellant was not present at the time of commission of rape. On the above fact, prayer for suspension of sentence has been made.

4. On the other hand, learned A.P.P has opposed the prayer for suspension of the sentence.

5. In view of the aforesaid facts and circumstances of the case, I am inclined to suspend the sentence and enlarge the

appellant on bail, during the pendency of the appeal, on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge - I, Khunti, in S.T. Case No.106 of 2015, subject to the condition that the appellant will remain present before the Court when the appeal is taken up for hearing, failing which his bail shall be cancelled.

6. I.A. No.3157 of 2021 stands disposed off.

(Rajesh Kumar, J.) Chandan/-