Ashok Pandey vs The State Of Jharkhand
2021 Latest Caselaw 3389 Jhar

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      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     I.A. No.4093 of 2021
                            In
              Cr. Appeal (S.J.) No.139 of 2020

      Ashok Pandey                                 ......       Appellant
                                Versus
       The State of Jharkhand                      .....    Respondent
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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       For the Appellant        : Mr. Suraj Singh, Advocate
       For the State            : 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.

07/Dated: 13th September, 2021 I.A. No.4093 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, during the pendency of the appeal.

2. The appeal has been preferred against the judgment of conviction dated 25.01.2020 and order of sentence dated 29.01.2020, passed by the court of learned District & Additional Sessions Judge - XIV, Dhanbad, in Sessions Trial No.27 of 2019, whereby the appellant has been convicted for the offence under Sections 307, 324, 323 and 341 of the Indian Penal Code, and sentenced to undergo rigorous imprisonment of seven years, and two years with fine for the offence under Sections 307 and 324 of the I.P.C respectively, with the default clause.

3. Heard learned counsel for the appellant and learned A.P.P. Earlier the prayer for bail of the appellant has been rejected on 09.07.2020, passed in I.A. No.3747 of 2020 on merit. From perusal of the record, it appears that the appellant had inserted bread rolling pin in the victim's vagina. The doctor found the injury on the victim. Thus, the allegation gets substantiated by the medical evidence.

Considering the nature of allegation and the materials available on record, I am not inclined to suspend the sentence and enlarge the appellant on bail at this stage.

4. I.A. No.4093 of 2021 stands rejected.

(Rajesh Kumar, J.) Chandan/-