Suhagi Chaudhary @ Sohagi ... vs The State Of Jharkhand
2022 Latest Caselaw 245 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 Criminal Appeal (S.J.) No.431 of 2021
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Suhagi Chaudhary @ Sohagi Choudhry .... .... 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. Din Dayal Saha, Adv. For the State : Ms. Nehala Sharmin, 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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rd 05/Dated: 03 February, 2022

I.A. No.6007 of 2021

1. 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 releases her on bail, during pendency of the present appeal.

2. The appellant has been convicted for the offence under Sections 376 and 109 of the Indian Penal Code vide judgment of conviction and order of sentence dated 22.09.2021 by which the appellant has been sentenced to undergo rigorous imprisonment for five years with a fine of Rs.10,000/- for the offence under Sections 376 and 109 of the Indian Penal Code and in default thereof, further to undergo rigorous imprisonment for six months.

3. It has been submitted by the learned counsel for the appellant that the allegation is that she has assisted her brother in committing the rape upon the victim-girl.

4. Learned counsel for the State has opposed the prayer for bail.

5. Considering the materials available on record, this Court is inclined to suspend the sentence of the appellant and enlarge her on bail on her 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-I, Rajmahal in Sessions Trial Case No.261 of 2012, subject to the condition that the appellant will submit self-attested photocopy of her Aadhar Card and also submit her mobile number before the learned court below which she 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.6007 of 2021 is, hereby, allowed.

7. The appellant shall remain present before the Court, when the appeal is taken up for hearing, failing which her bail shall be cancelled.

(Rajesh Kumar, J.)

Amar/-