Citation : 2021 Latest Caselaw 3398 Jhar
Judgement Date : 13 September, 2021
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
I.A. No.5024 of 2020
In
Cr. Appeal (S.J.) No.525 of 2020
Tarsem Singh ...... 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. D. K. Karmakar, Advocate For the State : Ms. Snehlika Bhagat, 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.
05/Dated: 13th September, 2021 I.A. No.5024 of 2020
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 10.07.2020 and order of sentence dated 13.07.2020, passed by the court of learned Additional Sessions Judge - VII, Jamshedpur, in Sessions Trial No.116 of 2017, whereby the appellant has been convicted for the offence under Sections 498(A) and 304(B) of the Indian Penal Code, and sentenced to undergo rigorous imprisonment of three years and seven years with fine of Rs.5,000/- and 10,000/- on each count with the default clause.
3. Heard learned counsel for the appellant and learned A.P.P. The appellant is the father-in-law of the deceased. The death of the deceased is unnatural/ suicidal and the medical evidence supports the fact. Further, there is allegation of harassment due to non-fulfillment of demand of dowry and the witnesses have also supported the said fact. The ingredients for the offence under Section 304B of the I.P.C is made out. Accordingly, I am not inclined to suspend the sentence and enlarge the appellant on bail.
4. I.A. No.5024 of 2020 stands rejected.
(Rajesh Kumar, J.) Chandan/-
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