Manik Karmakar vs The State Of Jharkhand
2021 Latest Caselaw 936 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   I.A. No. 5885 of 2020
                         in
                   Cr. Appeal (S.J.) No. 492 of 2018
                         ...

Manik Karmakar                         ....          Appellant
                         -V e r s u s-
The State of Jharkhand                      .....    Respondent
                         ...
Coram:        HON'BLE MR. JUSTICE AMITAV K. GUPTA
                         ...

For the Appellant : Mr. Pratiush Lala, Advocate.
For the State     : Mr. Ravi Prakash, APP
                         ...
                  I.A. No. 5885 of 2020
                         ...
04/24.02.2021

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

2. The appeal is directed against the judgment dated 12.01.2018, passed by the court of learned Additional Sessions Judge-VII, Dhanbad in Sessions Trial Case No. 47 of 2014, whereby the appellant has been found guilty and convicted for the offence under Section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment of 7 years and a fine of Rs.20,000/- in default, thereof, to suffer simple imprisonment of 6 months.

3. Learned counsel for the appellant submits that the appellant has remained in custody for nearly 5 years out of the imposed sentence of 7 years. It is submitted that P.W. 6, the Doctor, who examined the victim (P.W.7) on the next date of the occurrence, did not find any signs of violence or injury on the person or private part of the victim. It is argued by the learned counsel that P.W. 1 and P.W. 2, the mother and father have not supported the version of the victim and save and except for P.W.7 (the victim) deposition, the other witnesses have not supported her version.

4. Learned A.P.P. has opposed and submitted that P.W. 7 has stated that when she had gone to attend the nature's call, then the appellant had committed rape on her.

5. Perused the materials on record and statement of P.W. 3 (victim's sister), who has stated that P.W. 7 had gone towards the field and when she did not return, she went looking for her and then she saw the prosecutrix was crying and when she asked her, then she stated that the appellant had committed rape on her. P.W. 3 has testified that she had seen the appellant running away.

In view of the materials on record, at this stage, I am not inclined to suspend the sentence and enlarge the appellant on bail.

6. In the result, I.A. No. 5885 of 2020 stands rejected.

...

Cr. Appeal (S.J.) No. 492 of 2018 ...

1. Office to list the appeal under the heading 'For Hearing' in June, 2021.

2. If the appeal is not taken up for hearing by June, 2021, the appellant is at liberty to renew his prayer for bail.

(AMITAV K. GUPTA, J.) APK