Rafikul Sk vs The State Of Jharkhand
2022 Latest Caselaw 2216 Jhar

                        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               Criminal Appeal (S.J.) No. 281 of 2022
                                           ....

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

                For the Appellant               : Mrs. Nitu Sinha, Adv.
                For the State                   : Mrs. Anuradha Sahay, A.P.P.
                                                ....

03/23.06.2022             I.A. No.4045 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 02.03.2022 and 05.03.2022 respectively passed by learned Principal Sessions Judge, Pakur in S.T. No.93 of 2017 arising out of Maheshpur P.S. Case No.169 of 2016 corresponding to G.R. No.855 of 2016, whereby the appellant has been convicted and has been sentenced to undergo R.I. for seven years with a fine of Rs.15,000/- for the offence under Section 376 of IPC and in default of payment of fine, further sentenced to undergo R.I. for one year.

Learned counsel for the appellant has submitted that the appellant was all along on bail during trial. It has been further submitted that the mother of the victim has deposed as P.W.-3 that she has seen the victim and the accused in the same room and accordingly she has locked it and thereafter she has called the other person. On being called, the accused has promised marriage but subsequently denied. It has been further submitted that both are major. On above basis, prayer for suspension of sentence has been made.

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

Considering the above facts and deposition of the mother of the victim, 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 Principal Sessions Judge, Pakur in S.T. No.93 of 2017 arising out of Maheshpur P.S. Case No.169 of 2016 corresponding to G.R. No.855 of 2016, 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.4045 of 2022 stands disposed off.

(Rajesh Kumar, J.) Shahid/