Manner Ansari @ Maneer Ansari vs The State Of Jharkhand
2022 Latest Caselaw 3534 Jhar

                          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               Criminal Appeal (S.J.) No. 371 of 2022
                                           ....

                 Manner Ansari @ Maneer Ansari                                          ....      Appellant
                                             Versus
                1. The State of Jharkhand
                2. Najbun Khatun                                                        ....   Respondents
                                             ....
                 CORAM:HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Appellant                : Mr. Sanjeev Kumar, Adv.
                For the State                    : Mr. A.K.Tiwari, APP
                                                 ....
06/05.09.2022             I.A. No.4403 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 10.05.2022 and 11.05.2022 respectively passed by learned Addl. Sessions Judge-II-cum-Special Judge, FTC (Offence against Women), Koderma in S.T. No.51 of 2018 arising out of Commitment Order dated 14.05.2018 passed by the learned SDJM, Koderma in Jainagar P.S. Case No.206 of 2017 corresponding to G.R. No.931 of 2017, 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.40,000/- 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 alleged victim is a widow and as per her deposition, she has been blessed with one son and daughter also. The present appellant is relative. As per the deposition, she has established sexual relation on the pretext of marriage and subsequently he was denying the same. On above fact, prayer for suspension of sentence has been made.

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

Considering the deposition 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 Addl. Sessions Judge-II-cum-Special Judge, FTC (Offence against Women), Koderma in S.T. No.51 of 2018 arising out of Commitment Order dated 14.05.2018 passed by the learned SDJM, Koderma in Jainagar P.S. Case No.206 of 2017 corresponding to G.R. No.931 of 2017, 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.4403 of 2022 stands disposed of.

(Rajesh Kumar, J.) Shahid/