Chandar Mahto @ Chander Mahto vs The State Of Jharkhand
2024 Latest Caselaw 4722 Jhar

Jharkhand High Court

Chandar Mahto @ Chander Mahto vs The State Of Jharkhand on 1 May, 2024

Author: Subhash Chand

Bench: Ananda Sen, Subhash Chand

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Criminal Appeal (D.B.) No.574 of 2022
                                           -----
                 Chandar Mahto @ Chander Mahto, aged about 29 years, son of
                 Narayan Mahto, resident of Village Patgachha, P.O. Gumla, P.S.
                 Gumla, District Gumla.
                                                                ... ... Appellant.
                                             Versus
                 The State of Jharkhand.                     ... ... Respondent.
                                               ------

                       CORAM        : SRI ANANDA SEN, J.

: SRI SUBHASH CHAND, J.

------

For the Appellant(s) : Mr. Arvind Kr. Lall, Advocate.

                 For the State            : Ms. Vandana Bharti, A.P.P.
                                                  ------
07/ 01.05.2024                           I.A. No.4038 of 2024

This Interlocutory Application has been filed by the appellant

praying therein to suspend the sentence and release him on bail during

pendency of this appeal.

2. The appellant has been convicted and sentenced for offences

under Sections 376(2)(n) of IPC in connection with Session Trial Case

No.142 of 2021. He has been sentenced to undergo rigorous

imprisonment for ten years and to pay a fine of Rs.50,000/- under

Section 376(2) (n) and in default of payment of fine, he will undergo

rigorous imprisonment for further period of one years.

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. 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 records, we find

that the appellant has alleged that the date of occurrence is 31.03.2021

but surprisingly the F.I.R. was lodged after three days i.e. on

03.04.2021. The victim in her statements, stated that on June, 2020,

she was subjected to rape by this appellant but surprisingly there is no

F.I.R. or complaint made by this victim. She further stated that she is

regularly harassed, humiliated and teased by this appellant but there

was no complaint. She states that this appellant is a Para-teacher

working in the same School where she is also working. She also stated

that in the same School, other family members are also working,

including the wife of the appellant.

7. Considering the materials and nature of allegations, we are

inclined to release the appellant on bail.

8. Accordingly, upon suspending the sentence, the appellant 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 Additional

Sessions Judge-I, Gumla, District Gumla, in Sessions Trial Case

No.142 of 2021 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.

8. The I.A. No.4038 of 2024 is accordingly, allowed.

(ANANDA SEN, J.)

(SUBHASH CHAND, J.)

Prashant/Cp-03.