Jharkhand High Court
Natwa Ghasi vs The State Of Jharkhand on 22 September, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
I.A. No.674 of 2021
In
Criminal Appeal (S.J.) No.339 of 2020
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Natwa Ghasi ... ... 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. A.K. Chaturvedy, Adv.
For the State : Mr. Anuradha Sahay, A.P.P.
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The matter was taken up through Video Conferencing. Learned counsel
for the parties had no objections with it and submitted that the audio and
video qualities are good.
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I.A. No.674 of 2021
06/22.09.2021: This interlocutory application has been filed on behalf of the
appellant under Section 389 (1) of the Code of Criminal Procedure, for
suspension of sentence and release him on bail, during pendency of the
instant appeal.
2. The appellant has been convicted for the offence under Section
376 of the Indian Penal Code vide judgment of conviction dated
03.02.2020 and vide order of sentence dated 05.02.2020, the appellant
has been sentenced to undergo rigorous imprisonment for 08 (eight)
years and fine of Rs.5000/- for the offence under Section 376(1) of the
Indian Penal Code, in default of payment of fine, further to undergo
rigorous imprisonment for six months, passed by the learned Additional
Sessions Judge-II, Latehar in S.T. No.04 of 2018 in connection with
Manika P.S. Case No.65 of 2017 corresponding to G.R. Case No.643 of
2017.
3. It has been submitted by the learned counsel for the appellant
that the appellant has served half of the sentence. Further, the learned
counsel has drawn my attention to the deposition of the victim-girl
wherein the victim-girl has denied the allegation regarding the
commission of rape. On the above facts, the prayer for suspension of
sentence has been made.
4. Learned counsel for the State has opposed the prayer for bail.
5. In the attending facts and circumstances of the case, I am
inclined to suspend the sentence of the appellant and enlarge him on bail
on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the learned
Additional Sessions Judge-II, Latehar in S.T. No.04 of 2018 in
connection with Manika P.S. Case No.65 of 2017 corresponding to G.R.
Case No.643 of 2017, subject to the condition that the appellant will
submit self-attested photocopy of his Aadhaar Card and also submit his
mobile number before the learned court below which he will always
keep active and will not change it during pendency of this case without
prior permission of the court.
6. In the result, I.A. No.674 of 2021 is, hereby, allowed.
7. However, the trial court is directed to satisfy itself before
issuing the release order, "whether the appellant has served half of the
sentence or not?" If the appellant has not served half of the sentence
then the release order shall not be issued by the trial court and the matter
will be reported to this Court.
8. The appellant shall remain present before the Court, when the
appeal is taken up for hearing, failing which his bail shall be cancelled.
(Rajesh Kumar, J.)
Amar/-
