Deepak Kumar vs The State Of Jharkhand
2022 Latest Caselaw 2274 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 Criminal Appeal (S.J.) No.562 of 2021
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Deepak Kumar                                .... .... 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. K.S. Nanda, Adv.
For the State                         : Mr. V.S. Sahay, A.P.P.
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              th
06/Dated: 27 June, 2022

      I.A. No.4203 of 2022

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 him on bail, during pendency of the instant appeal.

2. The appellant has been convicted for the offence under Section 366 of the Indian Penal Code vide judgment of conviction dated 04.12.2021 and order of sentence dated 08.12.2021 by which the appellant has been sentenced to undergo rigorous imprisonment for seven years with a fine of Rs.10,000/- for the offence under Section 366 of the I.P.C. in default thereof, further to undergo two years rigorous imprisonment, passed by the learned Additional Sessions Judge-1st-cum-FTC Special Judge, Ramgarh in Sessions Trial No.407 of 2008.

3. It has been submitted by the learned senior counsel for the appellant that the appellant along with other family members has been charged under Section 366, 366-A and 506/34 of the Indian Penal Code. All have been acquitted save and except this appellant who has been convicted under Section 366 of the Indian Penal Code. Further, it has been submitted that as per the medical evidence the age of the girl has been assessed as eighteen years while the certificate suggests the age of the girl below eighteen years. She has accompanied the appellant out of her own will which is evident from the cross-examination of the girl.

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

5. Considering the above facts, I am inclined to suspend the sentence of the appellant and enlarge him on bail on his 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-1st-cum- FTC Special Judge, Ramgarh in Sessions Trial No.407 of 2008, subject to the condition that the appellant will submit self-attested photocopy of his Aadhaar Card and also submit his mobile number before the learned court below which he 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.4203 of 2022 is, hereby, allowed.

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

(Rajesh Kumar, J.)

Amar/-