Harendra Singh vs The State Of Jharkhand
2021 Latest Caselaw 2392 Jhar

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     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   I.A. No.2956 of 2021
                           In
             Cr. Appeal (S.J.) No.151 of 2021

     1.       Harendra Singh
     2.       Shivjee Singh                   ......      Appellants
                               Versus
     The State of Jharkhand                   .....    Respondent
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Appellants : Mr. Yogesh Modi, Advocate For the State : Mr. M. K. Mishra, A.P.P.

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

04/Dated: 16th July, 2021

1. Learned counsel for the appellants undertakes to remove the defects, as pointed out by the Registry.

I.A. No.2956 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 No.01, namely, Harendra Singh, who is the father of the deceased, during the pendency of the appeal.

2. The appeal has been preferred against the judgment of conviction dated 04.03.2021 and order of sentence dated 06.03.2021, passed by the court of learned Principal Sessions Judge, Giridih, in S.T. Case No.101 of 2012, whereby the appellant No.01, along with co-accused, has been convicted for the offence under Sections 306, 201/34 of the Indian Penal Code, and sentenced to undergo rigorous imprisonment of seven years and to pay a fine of Rs.5,000/-, for the offence under Section 306 of the I.P.C and rigorous imprisonment of 2½ years with fine of Rs.1,000/- for the offence under Sections 201/34 of the I.P.C with the default clause.

3. Heard learned counsel for the appellant and learned A.P.P.

4. The dead body of a lady has been found and on information the criminal law has been put into motion.

Subsequently, during investigation, it has come that the deceased girl, who is the daughter of the present appellant No.01, has committed suicide as she has been subjected to cruelty for having love affair with a boy of her choice. It has been alleged that the body of the deceased has been disposed off in the bush by her father. The prosecution has examined altogether six witnesses for establishing the case. It is a case of circumstantial evidence.

Considering the nature of allegation and the materials available on record, I am not inclined to suspend the sentence and enlarge the appellant No.01 on bail.

5. Accordingly, I.A. No.2956 of 2021 stands rejected.

(Rajesh Kumar, J.) Chandan/-