Aftab Alam vs The State Of Jharkhand
2022 Latest Caselaw 2950 Jhar

                        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               Criminal Appeal (S.J.) No. 359 of 2022
                                           ....

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

                For the Appellant             : Mr. Awanikant Prasad, Adv.
                For the State                 : Mr. Rakesh Ranjan, APP
                                              ....
03/02.08.2022             I.A. No.4334 of 2022

The instant interlocutory application has been filed on behalf of the appellant for suspension of sentence and grant of ad interim bail, during pendency of the instant appeal.

This criminal appeal has been filed against the judgment of conviction and order of sentence dated 13.04.2022 passed by learned Additional Sessions Judge-VI- cum-Spl. Judge, Crime against Women, Hazaribag in S.T. No.87 of 2018, arising out of Sadar (M) P.S. Case No.1104 of 2015 corresponding to G.R. No.4018 of 2015, whereby the appellant has been convicted and sentenced to undergo R.I. for five years with a fine of Rs.10,000/- for the offence under Section 306 of IPC and in default of payment of fine, further sentenced to undergo S.I. for two months.

Learned counsel for the appellant has submitted that the girl in question has committed suicide and there is no abatement by this appellant rather there is no evidence regarding the abatement and only on the conjecture and surmises, he has been convicted. It has been further submitted that although father, mother and this appellant have been made accused but the father and mother have been acquitted on the same set of evidence. On above fact, prayer for suspension of sentence has been made.

Learned A.P.P. has opposed the prayer of the appellant. Having heard learned counsel for the parties and from perusal of record, it appears that it has been alleged against this appellant that the marriage has been fixed between the parties and Rs.35,000/- has already been paid but due to non payment of rest of the amount, the marriage has been broken and this fact has been communicated to the deceased by this appellant and this is the reason for committing suicide.

Considering the materials available on record, I am not inclined to suspend the sentence and enlarge the appellant on bail at this stage. Accordingly, prayer for bail of the appellant stands rejected.

I.A. No.4334 of 2022 stands rejected.

(Rajesh Kumar, J.) Shahid/