Saddam Hussain vs The State Of Jharkhand
2022 Latest Caselaw 2905 Jhar

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               Cr. Appeal (DB) No. 992 of 2018

             Saddam Hussain                                ---   ---    Appellant
                                            Versus
              The State of Jharkhand               ---         ---   Respondent
                                               ---

              CORAM:         Hon'ble Mr. Justice Aparesh Kumar Singh
                         Hon'ble Mrs. Justice Anubha Rawat Choudhary
                                               ---
              For the Appellant:      Mr. Arwind Kumar, Advocate
              For the Respondent:     Mr. Bhola Nath Ojha, A. P.P
                                        ---
05 / 28.07.2022      Heard learned counsel for the appellant and learned A.P.P. on the

renewed prayer for suspension of sentence of this appellant made through I.A. No. 5028/ 2022.

2. This appellant along with co-accused Md. Arif stand convicted for the offence punishable under sections 366/34 and 376(D) of the Indian Penal Code by the impugned judgment dated 25.07.2018 passed in Sessions Trial No. 447/2015 by the Court of learned Additional Sessions Judge-I, Hazaribag and they have been sentenced to undergo R.I for twenty years with a fine of Rs. 25,000/- with default sentence under section 376(D) of the Indian Penal Code and R.I for ten years with a fine of Rs. 5,000/- and default sentence under section 366 of the Indian Penal Code by the impugned order of sentence dated 31.07.2018. All the sentences have been ordered to run concurrently.

3. Learned counsel for the appellant submits that earlier, the prayer for suspension of sentence of this appellant was rejected by the Coordinate Bench of this Court vide order dated 23.01.2019. However, the appellant has remained in custody for more than seven years since 22.06.2015. It is submitted that the doctor (PW-9) who has examined the victim on 23.06.2015 vide Ext.5 had found her to be between 16 ½ and 17 ½ years of age, as per the X-ray report. No injury was found either on the body or private parts. Defence witnesses have also deposed that the victim was married with the appellant on 29.04.2015. Therefore, considering the period of custody, appellant may be enlarged on bail by suspending his sentence.

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

5. Having considered the submission of learned counsel for the parties and taking into account the period of custody of more than seven years by now, we are inclined to enlarge the appellant on bail by suspending his sentence during pendency of this appeal. Accordingly, Appellant- Saddam Hussain 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-I, Hazaribag in Sessions Trial No. 447/2015, subject to the condition that the appellant and his bailors shall not change their address or mobile nos. without permission of the learned Trial Court and appellant and his bailors shall also furnish their Aadhar Card before the learned Trial Court at the time of his release. I.A. No. 5028/2022 stands disposed of.

(Aparesh Kumar Singh, J)

(Anubha Rawat Choudhary, J) Ranjeet/-