Jharkhand High Court
Santosh Kumar vs The State Of Jharkhand on 4 October, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 442 of 2023
Santosh Kumar ... Appellant
-Versus-
The State of Jharkhand ... ... Respondent
CORAM :- HON'BLE MR. JUSTICE RATNAKER BHENGRA
For the Appellant :- Mr. Sanjay Kumar, Advocate
For the State :- Mr. Naveen Kr. Gaunjhu, APP
...
05/04.10.2023: IA No. 5971 of 2023
Heard the learned counsel for the appellant as well as the learned
counsel for the State on the interlocutory application filed by the appellant for
suspension of sentence during the pendency of this criminal appeal.
This criminal appeal was directed against the judgment of conviction
dated 26.05.2023 and the order of sentence dated 03.06.2023, passed by the
learned Additional Sessions Judge I-cum- FTC for Rape Cases, Hazaribagh in
ST Case No. 205 of 2012, whereby and whereunder, the appellant has been
convicted under sections 384/120-B of the Indian Penal Code and sentenced to
undergo 3 years RI and further has been convicted under sections 420/120-B of
the Indian Penal Code and sentenced to undergo 4 years and fine of Rs.5000/-
for the offence punishable under section 420/120-B of the Indian Penal Code
and further has been convicted under section 500/120-B of the Indian Penal
Code and sentenced to undergo 2 years SI. He has further been convicted under
section 120-B r/w section 376 of the Indian Penal Code and sentenced to
undergo 7 years RI and fine of Rs.10,000/- for the offence under section 120-B
r/w section 376 of the Indian Penal Code. He has further been convicted under
section 67 of the Information and Technology Act and sentenced to 3 years RI
and fine of Rs.20,000/- for the offence under section 67 of the Information and
Technology Act. He has further been convicted under section 6 of the Indecent
Representation of Women (Prohibition) Act and sentenced to under 2 years
imprisonment and fine of Rs.1000/- in contravention of Sections 3 & 4 of the
said Act, 1986.
The learned counsel for the appellant has submitted that the appellant
was arrested on 02.10.2011 and lying in jail. His prayer for bail was allowed by
this Court on 20.02.2015 in BA No. 1006 of 2015. During trial he was laying in
jail for about 3 ½ years. The learned counsel has further submitted that during
trial victim deposed in her deposition that this appellant was also present in the
house of Vishal, where alleged occurrence took place but this appellant has not
been identified as person putting camera, committing rape or making the video
viral through internet or MMS. Therefore, prayer for suspension of sentence of
the appellant, during the pendency of this appeal, may be considered.
Learned counsel for the State has opposed this interlocutory
application for suspension of sentence, during the pendency of this criminal
appeal and has submitted that it appears from the evidence of PW-7 who was
the subsequent investigating officer that the victim had identified this appellant.
The learned counsel has then referred to the evidence of PW-3 and has
submitted that the appellant was present at the place of occurrence and the
victim has also identified him in Court. The learned counsel has further
submitted that the conviction has been done under the provision of 120-B of
the Indian Penal Code.
Having gone through the records of the case, considering the
arguments advanced by the learned counsel for the parties and also considering
the period of custody already spent by the appellant and in the facts and
circumstances of the case, I am inclined to suspend the sentence of the
appellant, during pendency of this criminal appeal, and accordingly, present
appellant, named above, is ordered to be released on bail, during pendency of
this criminal appeal, on executing bail bonds of Rs. 15,000/- (Rupees Fifteen
Thousand only) with two sureties of the like amount each to the satisfaction of
the learned Additional Sessions Judge I-cum- FTC for Rape Cases, Hazaribagh
in ST Case No. 205 of 2012.
Accordingly, IA No. 5971 of 2023 stands disposed of.
S.B. (Ratnaker Bhengra, J.)
