Nirmal Mahto vs The State Of Jharkhand
2022 Latest Caselaw 4978 Jhar

                        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               Criminal Appeal (S.J.) No. 797 of 2022
                                           ....

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

              For the Appellant             : Mr. A.K.Kashyap, Sr. Adv.
                                              Mr. Anurag Kashyap, Adv.
              For the State                 : Mrs. Nehala Sharmin, Spl. P.P.
                                            ....
03/08.12.2022           I.A. No.9966 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 16.09.2022 and 23.09.2022 respectively passed by learned Addl. Sessions Judge-IV-cum-Special Judge, (Crime Against Women), Bokaro in S.T. No.372 of 2019, whereby the appellant has been convicted under Section 366 of IPC and sentenced to undergo R.I. for seven years with a fine of Rs.10,000/- and in default of payment of fine, further sentenced to undergo S.I. for six months.

Learned senior counsel for the appellant has submitted that the movement of the girl was consensual as it appears from her narrative itself. She has travelled with him on bike and thereafter she has gone to Delhi also. Further, they have returned back on their own will without intervention either by the police or by the guardian. Further, the appellant was all along on bail. On above fact, prayer for suspension of sentence has been made.

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

Considering the above fact and the fact that the appellant was all along on bail, I am inclined to suspend the sentence and enlarge the appellant on bail, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-IV-cum-Special Judge, (Crime Against Women), Bokaro in S.T. No.372 of 2019, subject to the condition that the appellant will submit self attested copy of his Aadhar Card and also give his mobile number before the learned court below, which he will not change during pendency of this case without prior permission of the court.

I.A. No.9966 of 2022 stands disposed off.

(Rajesh Kumar, J.) Shahid/