Aalim Ansari vs The State Of Jharkhand
2022 Latest Caselaw 2269 Jhar

                        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               Criminal Appeal (S.J.) No. 118 of 2021
                                           ....

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

                For the Appellant             : Mr. Gautam Kumar, Adv.
                For the State                 : Mr. Sardhu Mahto, A.P.P.
                                              ....
07/27.06.2022             I.A. No.4727 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 20.02.2021 passed by learned Addl. Sessions Judge-I, Rajmahal in S.T. No.116 of 2012, arising out of Ranga P.S. Case No.06 of 2012 corresponding to G.R. No.33 of 2012, whereby the appellant has been convicted for the offence under Section 376 of IPC and has been sentenced to undergo R.I. for seven years with a fine of Rs.20,000/- and in default of payment of fine, further sentenced to undergo R.I. for one year.

It has been argued that the prosecutrix has claimed herself to age of 17 years and further she has been sexually exploited on the false pretext of marriage. She was carrying pregnancy also. The trial court in para-19 has found that the prosecutrix was 25 years of age at the alleged date.

Learned counsel for the appellant has submitted that appellant has remained in custody for about sixteen months. It has been further submitted that both the parties are major and this appellant is already married. The relation was consensual and 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 for bail.

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, Rajmahal in S.T. No.116 of 2012, arising out of Ranga P.S. Case No.06 of 2012 corresponding to G.R. No.33 of 2012, 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.4727 of 2022 stands disposed of.

(Rajesh Kumar, J.) Shahid/