Jagmaniya Devi @ Jagmaniya Oraon vs The State Of Jharkhand
2022 Latest Caselaw 4981 Jhar

                        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               Criminal Appeal (S.J.) No. 802 of 2022
                                           ....

Jagmaniya Devi @ Jagmaniya Oraon .... Appellant Versus The State of Jharkhand .... Respondent ....

              CORAM:           HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Appellant             : Mr. Rajesh Kumar, Adv.
                For the State                 : Mrs. Anuradha Sahay, A.P.P.
                                              ....
03/08.12.2022             I.A. No.10000 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 12.09.2022 and 13.09.2022 respectively passed by learned Addl. Sessions Judge-I, Lohardaga in S.T. No.28 of 2015 arising out of Lohardaga Mahila P.S. Case No.25 of 2009 corresponding to G.R. No.293 of 2009, whereby the appellant has been convicted under Section 366 of IPC and has been 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 R.I. for one month.

Learned counsel for the appellant has submitted that the appellant has been convicted under Section 366 IPC although there is no ingredients of Section 366 IPC. As per the allegation, the informant/victim has gone by her own will for the purpose of employment. 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-I, Lohardaga in S.T. No.28 of 2015 arising out of Lohardaga Mahila P.S. Case No.25 of 2009 corresponding to G.R. No.293 of 2009, subject to the condition that the appellant will submit self attested copy of her Aadhar Card and also give her mobile number before the learned court below, which she will not change during pendency of this case without prior permission of the court.

I.A. No.10000 of 2022 stands disposed off.

(Rajesh Kumar, J.) Shahid/