Sandeep Oraon vs The State Of Jharkhand
2024 Latest Caselaw 10074 Jhar

Jharkhand High Court

Sandeep Oraon vs The State Of Jharkhand on 21 October, 2024

Author: Rongon Mukhopadhyay

Bench: Rongon Mukhopadhyay, Ambuj Nath

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     Cr. Appeal (DB) No. 171 of 2021
       Sandeep Oraon                             --- ---   Appellant
                                   Versus
       The State of Jharkhand                    --- --- Respondent

                                     ---

CORAM: HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE AMBUJ NATH

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For the Appellant : Mr. A.K. Chaturvedy, Adv. For the Respondent : Mrs. Vandana Bharti, Spl. P.P.

07/21.10.2024 In this case the appellant vide order dated 06.07.2022, in I.A. No. 282 of 2022, was granted bail in view of the submission advanced by learned counsel for the appellant that the victim who had been examined as P.W.1 did not take the name of the appellant Sandeep Oraon as one of the persons who had committed rape upon her. Subsequently, in course of hearing in Cr. Appeal (DB) No. 730 of 2022 in the case of Lalit Oraon it came to light that there has been a suppression with respect to the involvement of the appellant Sandeep in committing rape upon the victim and consequently, notice was issued to the appellant as to why the bail granted to him, during the pendency of this appeal, shall not be cancelled.

Mr. A.K. Chaturvedy, learned counsel for the appellant Sandeep Oraon had submitted that he had made his submission based on the evidence of P.W. 1 as recorded by learned trial court in paragraph 10 of the judgment. However, it appears from the perusal of evidence of P.W.1 that she had specifically named the appellant Sandeep Oraon as one of the persons who had committed rape upon her and this fact has also been noted in course of discussing her evidence by the learned trial court at paragraph 10 of the judgment.

So far as the grant of bail to Soma Oraon is concerned, that was on an entirely different footing and the case of the appellant cannot be equated with that of Soma Oraon.

Regard being had to the aforesaid facts, we deem it fit that the bail granted to the appellant Sandeep Oraon be cancelled. Accordingly, the bail granted to the appellant on 06.07.2022 passed in I.A. No. 282 of 2022 in connection with Children Case No. 03 of 2019 is hereby cancelled with a further direction to the appellant to surrender before the learned trial court within a period of four weeks to serve out his sentence, failing which the learned trial court shall take all coercive steps for apprehending the appellant, Sandeep Oraon.

(Rongon Mukhopadhyay, J.)

(Ambuj Nath, J.)

Preet/-