Deepak Gope vs The State Of Jharkhand
2024 Latest Caselaw 5669 Jhar

Jharkhand High Court

Deepak Gope vs The State Of Jharkhand on 12 June, 2024

Author: Subhash Chand

Bench: Ananda Sen, Subhash Chand

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         Criminal Appeal (D.B.) No. 371 of 2024
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            Deepak Gope                                      ....Appellant(s)
                                    Versus
            The State of Jharkhand                           ....Respondent
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                  CORAM       : SRI ANANDA SEN, J.

: SRI SUBHASH CHAND, J.

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For the Appellant(s) : M/s Saurabh Shekhar and Shail Lakra, Advocates.

            For the State        : Mr. Anup Pawan Topno, A.P.P.
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                            I.A. No. 3497 of 2024

03/12.06.2024:    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 and sentenced in connection with S.T. Case No. 229 of 2014, arising out of Gumla (Mahila) P.S. Case No. 28/2012, for the offence under Section(s) 376(2)(n) of the Indian Penal Code. He has been sentenced to undergo rigorous imprisonment for ten years and fine of Rs.50,000/- under Section 376(2)

(n) of the Indian Penal Code.

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

5. After hearing the parties and going through the deposition of the prosecutrix-victim, who is major, we find that the victim has stated that since last two years, there was physical relationship between the victim and the accused-appellant. The accused-appellant wanted to marry with this victim, but due to intervention of uncle of this appellant, the marriage could not be solemnized.

6. Considering the aforesaid facts, we are inclined to allow this interlocutory application. Accordingly, upon suspending the sentence, the appellant, named above, is directed to be released on bail, during the pendency of this appeal, on furnishing bail bonds of Rs.10,000/- (ten

thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-I-cum-Special Judge, Gumla, in connection with S.T. Case No. 229 of 2014, with a condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Gumla, once in every four months till the disposal of this appeal.

7. This interlocutory application stands allowed.

(ANANDA SEN, J.)

(SUBHASH CHAND, J.) Anu/-Cp3