Gulab Khan vs The State Of Jharkhand
2022 Latest Caselaw 3674 Jhar

                       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              Criminal Appeal (S.J.) No. 432 of 2022
                                          ....

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

                For the Appellant                : Mr. K.S.Nanda, Adv.
                For the State                    : Mr. P.K.Appu, APP
                                                 ....

03/13.09.2022             I.A. No.7616 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 26.04.2022 and 28.04.2022 respectively passed by learned A.J.C.-I-cum-Special Judge FTC (CAW), Ranchi in S.T. Case No.147 of 2021/ Trial No.17 of 2022 arising out of Doranda P.S. Case No.287 of 2020 (G.R. Case No.3162 of 2020, whereby the appellant has been convicted under Section 365 and 366 of IPC and the maximum sentence imposed upon the appellant is R.I. for seven years with a fine of Rs.10,000/- for the offence under Section 366 of IPC and in default of payment of fine, further sentenced to undergo R.I. for six months.

Learned counsel for the appellant has submitted that the appellant is in custody since 21.10.2020 and further referring to the deposition of the victim girl, it has been submitted that no coercion has been exerted upon the girl for the purpose of marriage. Neither any illicit relationship has been established nor she has been forced for that. On above fact, prayer for suspension of sentence has been made.

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

Considering the deposition of the victim girl and the period of custody, 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 A.J.C.-I-cum-Special Judge FTC (CAW), Ranchi in S.T. Case No.147 of 2021/ Trial No.17 of 2022 arising out of Doranda P.S. Case No.287 of 2020 (G.R. Case No.3162 of 2020, subject to the condition that the appellant will submit self attested copy of his Aadhaar 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.7616 of 2022 stands disposed of.

(Rajesh Kumar, J.) Shahid/