Lalu Sahu @ Om Sahu vs The State Of Jharkhand
2022 Latest Caselaw 2167 Jhar

                       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              Criminal Appeal (S.J.) No. 248 of 2022
                                          ....

              Lalu Sahu @ Om Sahu                                    ....    Appellant
                                          Versus
             The State of Jharkhand                                   .... Respondent
                                          ....
              CORAM:          HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Appellant              : Mr. Faisal Khan, Adv.
                For the State                  : Mr. Satish Prasad, APP
                                               ....

05/13.06.2022             I.A. No.2935 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 dated 02.03.2022 and order of sentence dated 05.03.2022 passed by the learned Addl. Sessions Judge-I, Khunti in S.T. No.115 of 2015, whereby the appellant has been convicted for the offence under Sections 363 & 376 of IPC and sentenced to undergo R.I. for four years with a fine of Rs.10,000/- and in default of fine, S.I. for six months for the offence under Section 363 of IPC and further sentenced to under R.I. for seven years with fine of Rs.50,000/- and in default thereof, further S.I. for one year for the offence under Section 376 of IPC.

Learned counsel for the appellant has submitted that the appellant has been charged under Sections 363 and 376 of IPC on the ground that the victim is aged about 17 years but the court below has not found the victim minor and as such the appellant has been convicted under Section 363 and 376 of IPC on the ground that the appellant has enticed away the victim. The victim has negated such allegation rather she has admitted that it was her free will. On above fact, prayer for suspension of sentence has been made.

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

Considering the above facts, 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, Khunti in S.T. No.115 of 2015, 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.2935 of 2022 stands disposed off.

(Rajesh Kumar, J.) Shahid/