Jharkhand High Court
Abhishek Anand vs The State Of Jharkhand on 17 August, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 367 of 2023
Abhishek Anand ..... ...... Appellant
Versus
The State of Jharkhand .... .... Respondent
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND
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For the Appellant : Mr. Ayush Kumar Verma, Advocate
For the State : Mr. Sunil Kumar Dubey, A.P.P.
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Order No.02 /Dated: 17 August, 2023
I.A. No. 6871 of 2023
Mr. Ayush Kumar Verma, learned counsel for the appellant and
Mr. Sunil Kumar Dubey, learned APP are present.
2. Learned counsel for the appellant has submitted that the instant
Interlocutory Application has been preferred on behalf of the appellant for grant
of bail during pendency of this appeal and against the suspension of sentence
dated 03.06.2023 passed by the learned Additional Sessions Judge-I-cum-FTC
for Rape Cases, Hazaribag in Sessions Trial No.205 of 2012 arising out of
Hazaribag Sadar (Mahila) P.S. Case No.14 of 2011, whereby the appellant was
convicted for the offence under Section 120(B) read with Sections 384, 420 and
500 of the Indian Penal Code, Section 67 of the I.T. Act and Section 6 of the
Indecent Representation of Woman (Prohibition) Act and sentenced to R.I. for
three years for the offence punishable under Sections 384/ 120(B) of the Indian
Penal Code and four years and a fine of Rs.5000/- for the offence punishable
under Section 420/120(B) of the Indian Penal code and SI of two years for the
offence under Section 500/120(B) of the Indian Penal Code, R.I. for seven years
and a fine of Rs.10,000/- for the offence punishable under Section 120(B) read
with Section 376 of the Indian Penal Code; R.I. for three years and a fine of
Rs.20,000/- for the offence punishable under Section 67 of the I.T. Act,
Imprisonment of two years and a fine of Rs.1000/- for the offence punishable
under Section 6 of the Indecent Representation of Woman (Prohibition) Act. It
has further been directed to all the sentences shall run concurrently and in default
of payment of any part of fine the convicts further directed to Imprisonment for
one year.
3. Learned counsel for the appellant has submitted that as per the
prosecution case, FIR was lodged by the victim herself and there is no allegation
against the present appellant. The victim was also examined as PW-3 and in her
examination before the learned trial Court, she had not attributed any role to the
present appellant. It is further submitted that no one witness has attributed any
specific role to the appellant. It is further submitted that in the impugned judgment
at paragraph No.28, it came that the said video was found available with the
computer system including hard disk, recovered from the accused No.5 and the
same was made viral by use of internet in the name of user ID of Mani Suriya,
wife of K.D. Prasad and present accused No.6 is none but the son of said K.D.
Prasad. Hence, being the son of Mani Suriya and Mani Suriya is the mother of
accused No.6, the appellant had been convicted by the impugned judgment and
sentence accordingly.
4. Learned APP appearing on behalf of the State has opposed the
contentions made by the learned counsel for the petitioner.
5. From perusal of the impugned judgment, it is found that as per
prosecution case no role has been attributed to the present appellant in
commission of the alleged offence. Even the victim or any other witness have not
attributed any role to the appellant in commission of the alleged offence. His
complicity is shown that the video was made viral by use of internet I.D. in the
name of Mani Surya, wife of K.D. Prasad and the present appellant is the son of
K.D. Prasad, except that, there is no other evidence against the appellant.
6. In view of the submissions made and the findings recorded by the
learned court below, it is a fit case for suspension of sentence, accordingly, I.A.
No. 6871 of 2023 is allowed.
7. The sentence inflicted by the learned Court below shall remain
suspended during pendency of this Criminal Appeal.
8. In consequence thereof, the appellant, namely, Abhishek Anand is
directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rupees
Twenty Five Thousands) with two sureties of the like amount each to the
satisfaction of learned Additional Sessions Judge-I-cum-FTC for Rape Cases,
Hazaribag in connection with Sessions Trial No.205 of 2012 arising out of
Hazaribag Sadar (Mahila) P.S. Case No.14 of 2011.
Cr. Appeal (SJ) No. 367 of 2023
9. Admit.
10. Office is directed to call for the Lower Court Records.
11. List this case for hearing in its seriatim.
Madhav/- (Subhash Chand, J.)
