Devi Lal Tudu @ Debilal Tudu vs The State Of Jharkhand
2022 Latest Caselaw 4391 Jhar

                       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              Criminal Appeal (S.J.) No. 314 of 2022
                                          ....

              Devi Lal Tudu @ Debilal Tudu                           ....    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. Rakesh Ranjan, A.P.P.
                                                ....

07/03.11.2022             I.A. No.3689 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 22.02.2022 and 23.02.2022 respectively passed by learned Principal Sessions Judge, Pakur in S.T. No.134 of 2015 arising out of Maheshpur P.S. Case No.59 of 2015 corresponding to G.R. No.257 of 2015, whereby the appellant has been convicted and sentenced to undergo R.I. for seven years with a fine of Rs.10,000/- for the offence under Section 376 IPC read with section 511 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 has remained in custody for about one year. It has been further submitted that there is no medical evidence and all the witnesses are interested and due to the village politics he has been implicated in the present case. On above fact, prayer for suspension of sentence has been made.

On the other hand, learned A.P.P. has opposed the prayer and submitted that not only the prosecutrix but the other witnesses have also seen the incident and has supported the prosecution story.

Considering the materials available on record, I am not inclined to suspend the sentence and enlarge the appellant on bail at this stage. Accordingly, the same is hereby rejected.

I.A. No.3689 of 2022 stands rejected.

(Rajesh Kumar, J.) Shahid/