Dilbar Guria vs The State Of Jharkhand
2023 Latest Caselaw 3263 Jhar

  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      (Criminal Miscellaneous Jurisdiction)

                         Cr. Appeal (SJ) No. 853 of 2022

Dilbar Guria                                         ...   ... Appellant
                                    Versus
The State of Jharkhand                               ... ... Respondent
                                ------

CORAM : HON'BLE MR. JUSTICE RATNAKER BHENGRA

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For the Appellant : Mr. Nilendu Kumar, Advocate For the State : Ms. Snehlika Bhagat, APP

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th Order No.06/Dated: 30 August, 2023 I.A. No.4483 of 2023 This present Interlocutory Application has been filed for suspension of sentence during pendency of this criminal appeal.

The present criminal appeal is directed against the judgment of conviction dated 10.11.2022 and the order of sentence dated 16.11.2022, passed by the learned Additional Sessions Judge-1, Khunti in Sessions Trial case no. 03 of 2019, whereby and whereunder, the appellant has been convicted for the offence under section 376 IPC and sentenced to undergo RI for 7 years with fine of Rs. 20,000/- with default stipulation of six months SI.

The learned counsel for the appellant submits that all the witnesses have given contradictory evidence. He further submits that prosecution case is itself doubtful as in this case I.O. has not been examined. He further submits that there was previous enmity between the parties. There is no independent witness and the appellant is in custody since 10.3.2018 more than five years. Therefore, his prayer for suspension of sentence, during pendency of appeal, may be considered.

The learned counsel for the State has opposed the present interlocutory application.

Having gone through the records of the case, considering the arguments advanced by the learned counsel for the parties, also considering the period of custody already spent by the appellant and in the facts and circumstances of the case, the appellant, named above, is ordered to be released on bail, during pendency of this appeal, on executing bail bonds of Rs. 25,000/- (Rupees Twenty five Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge- 1, Khunti in Sessions Trial Case No. 03 of 2019 arising out of Rania P.S.

Case No. 09 of 2018, , G.R. Case No. 96 of 2018, subject to the condition that the appellant shall submit self-attested photocopy of his Aadhar Card and mobile number before the learned court below which he will always keep active and will not change it during pendency of the case without prior permission of the Court.

Accordingly, I.A. No. 4483 of 2023 stands disposed of.

KNR                                                (Ratnaker Bhengra, J.)