Nepal Chandra Paul vs The State Of Jharkhand
2021 Latest Caselaw 93 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   I.A. No. 5357 of 2020
                         in
                   Cr. Appeal (S.J.) No. 538 of 2020
                         ...

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

For the Appellant : Mr. Manoj Kumar Dash, Advocate.
For the State     : Mr. V. N. Jha, APP
                         ...
                  I.A. No. 5357 of 2020
                         ...
03/07.01.2021

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 01.02.2020,

passed by the court of learned Additional Sessions Judge-II, Ghatshila

in S.T. No. 129 of 2019, whereby the appellant has been found guilty

and convicted for the offence under Section 376 of the Indian Penal

Code vide and sentenced to undergo rigorous imprisonment of 7 years

and fine of Rs.20,000/- in default, thereof, to suffer simple

imprisonment of one year.

3. Having heard the learned counsel for the appellant and learned

A.P.P. and on perusal of the testimony of the victim i.e. P.W.5, it is

alleged that the accused had committed rape on her on 20.05.2018.

The victim is a major lady. She has stated that the appellant had

promised to marry her and on the pretext of marriage, he continued to

have physical relationship with her. The F.I.R. was lodged on

26.11.2018. There is an abnormal delay in lodging of the F.I.R. Witnesses have stated that there was love affair between the appellant

and the prosecutrix.

4. In view of the testimony of P.Ws. 1, 2, 3, 4 and P.W. 5 i.e. the

victim, the appellant is directed to be enlarged 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 Additional Sessions Judge-II, Ghatshila in

connection with S.T. No. 129 of 2019 on the condition that he shall

deposit Rs.10,000/- as part of the fine amount in the court below,

which shall be disbursed in favour of the prosecutrix.

5. In the result, I.A. No. 5357 of 2020 stands allowed.

(AMITAV K. GUPTA, J.) APK