Ekram Ansari vs The State Of Jharkhand
2024 Latest Caselaw 7583 Jhar

Jharkhand High Court

Ekram Ansari vs The State Of Jharkhand on 1 August, 2024

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   Cr. Appeal (D.B.) No. 173 of 2024
                                ------
Ekram Ansari                           .... .... .... Appellant(s)
                                  Versus
The State of Jharkhand                 .... .... .... Respondent(s)

CORAM:           SRI ANANDA SEN, J.

SRI GAUTAM KUMAR CHOUDHARY, J.

For the Appellant      : Mr. Sabyasanchi, Advocate
For the State          : Mr. Bhola Nath Ojha, A.P.P.
                                   ------
06/ 01.08.2024
        I.A. No. 7648 of 2024

This interlocutory application has been filed by the appellant, praying therein to suspend the sentence and release him on bail during the pendency of this appeal.

2. The appellant has been convicted under Sections 376 of the IPC and under Section 6 of the POCSO Act in connection with Tundi P.S. Case No. 24 of 2020, corresponding to Spl. (POCSO) Case No. 18 of 2020. He has been sentenced to undergo rigorous imprisonment for twenty-one years and a fine of Rs.10,000/- for the offence under Section 6 of the POCSO Act.

3. Heard, the learned counsel for the appellant and learned A.P.P. for the State and have gone through the impugned judgment, the evidence and the Trial Court Records.

4. From paragraph 1 of the deposition of the victim, it is clear that when she was returning from college on 5.6.2019 she was taken by this appellant to a lonely place and victim alleged that she was raped. Thereafter she states that more than ten times she was taken by him somewhere and committed rape with her.

5. Opportunity was given to the State to oppose the bail, which the State availed and opposed.

6. Considering the aforesaid statement and the age of the victim, who is aged about 17 years as per school certificate and as per doctor she is aged about 19 years, we are inclined to allow this interlocutory application. Accordingly, upon suspending the sentence, the appellant namely, Ekram Ansari is directed to be released on bail during the pendency of this appeal, on furnishing bail bonds of Rs.10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge

POCSO Act, Dhanbad in connection with Tundi P.S. Case No. 24 of 2020, corresponding to Spl. (POCSO) Case No. 18 of 2020 with a condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Dhanbad once in every four months till the disposal of this appeal.

7. I.A. No. 7648 of 2024 stands allowed.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.) Anjali/ Pawan/-