Saraswati Devi vs The State Of Jharkhand
2021 Latest Caselaw 957 Jhar

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       Criminal Appeal (D.B.) No. 332 of 2020
             Saraswati Devi                                            ..... ...    Appellant
                                           Versus
             The State of Jharkhand                             ..... ...              Respondent
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CORAM : HON'BLE MR. JUSTICE H. C. MISHRA : HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Appellant : Mr. P.K. Deomani, Advocate. For the respondent-State : Mrs. Lily Sahay, A.P.P.

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The matter was taken up through Video Conferencing. Learned counsels for the parties had no objection with it and submitted that the audio and video qualities are good.

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I.A. No. 346 of 2021.

03/ 25.02.2021 Heard learned counsel for the appellant and learned counsel for the State, on the interlocutory application, filed on behalf of the sole appellant, praying for bail, during the pendency of this appeal.

The appellant has been convicted and sentenced for the offences under Sections 363 and 370(4) of the Indian Penal Code.

There is allegation against the appellant to have enticed away the victim girl to Delhi. The victim girl has not been recovered.

Learned counsel for the appellant submits that the evidence of the mother and father of the victim and of the I.O. makes the case very doubtful, inasmuch as, the mother and father of the victim had admitted that the last rites of the victim girl was performed in the year 2014, i.e., prior to the institution of the case. It is also pointed out that the evidence of the I.O. also suggests the recovery of the dead body of the girl from a pond, prior to the institution of this case, and there is also an admitted enmity between the parties. Learned counsel, accordingly, prayed for bail.

The contention of the learned counsel for the appellant about the evidence of the I.O. and the parents of the deceased appears to have some force. The impugned Judgment also shows that the appellant was on bail during the pendency of the trial.

In the facts of the case, we are inclined to release the appellant Saraswati Devi, on bail. Accordingly, the appellant, named above, is directed to be released on bail, during the pendency of this appeal, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-I, Lohardaga, in connection with S.T. No. 206 of 2015.

The aforesaid interlocutory application stands allowed.

( H. C. Mishra, J.)

(Rajesh Kumar, J.) Amitesh/-