Jharkhand High Court
Sumit Saurav vs The State Of Jharkhand on 4 October, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Criminal Miscellaneous Jurisdiction)
Cr. Appeal (SJ) No. 413 of 2023
Sumit Saurav ... ... Appellant
Versus
The State of Jharkhand ... ... Respondent
------
CORAM : HON'BLE MR. JUSTICE RATNAKER BHENGRA
-------
For the Appellant : Mr. Deepak Sahu, Advocate
For the State : Mrs. Vandana Bharti, APP
--------
th
Order No.04/Dated: 4 October, 2023
I.A. No.7255 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 26.05.2023 and the order of sentence dated 03.06.2023,
passed by the learned Additional Sessions Judge-1 -cum- FTC for Rape
Cases, Hazaribagh in Sessions Trial case no. 205 of 2012, whereby and
whereunder, the appellant has been convicted for the offence under sections
384/120B IPC and sentenced to undergo RI for 3 years, further for the
offence under sections 420/120B IPC he has been sentenced to undergo RI
for 4 years with fine of Rs. 5,000/-. Further he has been sentenced to undergo
SI for 2 years for the offence under sections 500/120B IPC and RI for 7 years
with fine of Rs. 10,000/- for the offence under sections 120B r/w section 376
IPC. He has been further sentenced to undergo RI for 3 years and fine of Rs.
20,000/- for the offence under section 67 of the I.T. Act and imprisonment of
2 years and fine of Rs. 1,000/- for the offence under section 6 of the Indecent
Representation of Women (Prohibition) Act in contravention of section 3 and
4 of the said Act, 1986. In default of payment of any fine further he has been
sentenced to undergo one year imprisonment. All the sentences were directed
to run concurrently.
The learned counsel for the appellant submits that by now the
appellant has spent more than 3 years and 8 months in custody which is half
of the maximum sentence awarded to him. He further submits that as per
evidence of the victim, the appellant was only present at the place of
occurrence and the victim has identified him. He further states that nothing
has been done by this appellant. Therefore, his prayer for suspension of
sentence, during pendency of appeal, may be considered.
The learned counsel for the State has opposed the prayer for bail
and submits that the appellant was identified by the victim in TIP. In her
evidence, she has deposed that the appellant was present there at the time of
occurrence. She has also identified him even in the Court. She further
submits that appellant was fully involved in the occurrence and so sentence
has been awarded also under section 120B IPC.
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-bond 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-1,
Hazaribagh in Sessions Trial Case No. 205 of 2012, arising out of
Hazaribagh Mahila PS case no. 14 of 2011, corresponding to GR case no.
2496 of 2011, 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. 7255 of 2023 stands allowed and disposed
of.
Cr. Appeal (SJ) No. 413 of 2023
Admit.
KNR (Ratnaker Bhengra,
