Jharkhand High Court
Anirudh Singh vs The State Of Jharkhand & Anr on 1 August, 2024
Author: Ananda Sen
Bench: Ananda Sen, Gautam Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (D.B.) No.908 of 2023
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1. Anirudh Singh
2. Pushpa Singh @ Pushpa Devi.
3. Rakesh Kumar Singh
... ... Appellants
Versus
The State of Jharkhand & Anr. ... ... Respondents
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CORAM : SRI ANANDA SEN, J.
: SRI GAUTAM KUMAR CHOUDHARY, J.
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For the Appellants : Mr. A.K. Kashyap, Sr. Advocate, with
Ms. Lina Shakti, Advocate.
For the State : Mr. Shashi Kumar Verma, A.P.P.
Ms. A.K. Rashidi, Advocate
Ms. Aulia Begam, Advocate.
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10/ 01.08.2024 I.A. No.3799 of 2024
This Interlocutory Application has been filed by the
appellant No.3 - Rakesh Kumar Singh, praying therein to
suspend the sentence and release him on bail during pendency
of this appeal.
2. The appellant No.3 who has been convicted and
sentenced in connection with S.T. Case No.222 of 2019. He has
been convicted for the offences under Sections 498A/ 313/34 of
I.P.C. and Section 4 of Dowry Prohibition Act. He was sentenced
to undergo rigorous imprisonment for 10 years each with a fine
of Rs.50,000/- under Section 313/34 of the IPC along with other
sentences for other offences.
3. Heard, 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. Learned counsel for the appellant submits that there is
nearly two years delay in lodging the F.I.R. and in fact this is a
case of a miscarriage.
5. Opportunity was given to the State to oppose the bail,
which the State availed and opposed.
6. From the record, we find that the alleged miscarriage or
abortion had taken place on 05.09.2016 and this F.I.R. has been
instituted on 16.07.2018. There is long delay. Further this
appellant is in custody from 01.06.2023 and the other co-
convicts have been granted bail in this case.
7. Considering the aforesaid fact which has transpired in
evidence, as also the period of custody and the fact that this
appeal cannot be taken up in near future for final hearing, we
are inclined to release appellant No.3 on bail.
8. Accordingly, upon suspending the sentence, the appellant
No.3 - Rakesh Kumar Singh, is directed to be released on bail
during the pendency of this appeal, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Special Judge,
FTC (CAW), East Singhbhum at Jamshedpur, in S.T. Case
No.222 of 2019, with a condition that the appellant No.3 shall
appear and mark his attendance before the Registrar, Civil
Court, Jamshedpur, once in every four months till the disposal of
this Appeal.
9. This interlocutory application is, accordingly, allowed.
(ANANDA SEN, J.)
(GAUTAM KUMAR CHOUDHARY, J.)
Prashant Cp-03
