Rajesh Kumar Gupta vs The State Of Jharkhand
2021 Latest Caselaw 1098 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
             I.A. No. 6543 of 2019
                         in
             Cr. Appeal (S.J.) No. 243 of 2019
                         ...

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

For the Appellant : Ms. Priyanka Boby, Advocate. For the State : Mr. Sudhir Kumar Roy, APP.

...

I.A. No. 6543 of 2019 ...

07/04.03.2021

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 01.02.2019,

passed by the court of the learned Additional Sessions Judge-VI,

Garhwa in Sessions Trial No. 310 of 2010, whereby the appellant has

been found guilty and convicted for the offence under Section 366 A

read with 34 of the Indian Penal Code and sentenced to undergo

rigorous imprisonment of 5 years and a fine of Rs.10,000/-.

3. Heard the learned counsel for the appellant and the objection

raised by the learned A.P.P.

On perusal of the deposition and cross-examination of P.W. 8

(victim), she has admitted that there are toilets in the campus of the

residential building but she had gone out to attend the nature's call

then the appellant forcibly took her away. She has admitted that she

was having love affairs with the appellant for the past 2 years. Considering the testimony of the victim and taking into account

that the appellant has remained in custody for 2 years and four months

out of the sentence imposed by the court below, 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-VI, Garhwa in connection with Sessions

Trial No. 310 of 2010 on the condition that he shall deposit fine

amount of Rs.10,000/- in the court below.

4. In the result, I.A. No. 6543 of 2019 stands allowed.

(AMITAV K. GUPTA, J.) APK