Manoj Soren vs The State Of Jharkhand
2022 Latest Caselaw 1608 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                Cr. Appeal (DB) No. 1761 of 2017

              Manoj Soren                      ---                  ---   Appellant
                                               Versus
              The State of Jharkhand           ---                  ---   Respondent
                                                  ---

              CORAM:          Hon'ble Mr. Justice Aparesh Kumar Singh
                               Hon'ble Mr. Justice Kailash Prasad Deo
                                                  ---
              For the Appellant: Mr. Kamdeo Pandey, Advocate
              For the Respondent: Mr. Bhola Nath Ojha, A.P.P
                                         ---
04 / 21.04.2022       Heard learned counsel for the appellant and learned A.P.P on the prayer

for suspension of sentence of this appellant made through I.A. No. 7302/2019.

2. The sole appellant has been convicted for the offence punishable under Section 376 of the Indian Penal Code by the impugned judgment dated 27.07.2017 passed by the Court of learned Additional Sessions Judge-VI, Giridih in Sessions Trial No. 222/2016 and has been sentenced to undergo R.I. for ten years with a fine of Rupees four thousand and default sentence by the impugned order of sentence dated 29.07.2017.

3. Learned counsel for the appellant submits that the appellant has been convicted on the charge of having raped 65 years old woman who has been examined as PW-5. As per her cross-examination, she had four sons, two of them are married and two are unmarried and were living in separate houses. The boundary wall of the houses were the same. She has stated that she could not raise alarm as her mouth was pressed. As per the Medical Officer (PW-6), swab examination shows no spermatozoa and age of the lady was assessed as 65 years and had been in menopause since long. The opinion of rape rendered by the Medical Officer is not substantiated by any forensic report. Appellant has remained in custody for five years and eleven month by now against the sentence of ten years. Therefore, he may be enlarged of bail.

4. Learned A.P.P has opposed the prayer.

5. We have considered the submissions of learned counsel for the parties and taken note of the materials relied upon from the lower court records including the period of custody undergone by the appellant. Having regard to the totality of facts and circumstances and the materials relied upon and that the appellant has undergone custody for more than half of the sentence i.e. five years and eleven month, we are inclined to enlarge the appellant on bail. Accordingly, appellant- Manoj Soren shall be released on bail, during pendency of this appeal, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand)

with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-VI, Giridih in Sessions Trial No. 222/2016 with the condition that one of the bailors shall be the deponent of the affidavit namely, Bishnu Mandal S/o Raghunandan Mandal, R/o Gram-Fusodih, P.O-Bengabad, Thana-Bengabad, Giridih and other bailor shall be the father of the appellant. Let copy of the Aadhar Card of the deponent be sent to the learned Trial Court for verification. Appellant and the bailors shall not change their address or mobile nos. without permission of the learned Trial Court and appellant and bailors shall furnish photocopy of their Aadhar Card before the learned Trial Court at time of his release. I.A. No. 7302/2019 stands disposed of.

(Aparesh Kumar Singh, J)

(Kailash Prasad Deo, J) Ranjeet/