Sonu Lohra vs The State Of Jharkhand
2024 Latest Caselaw 8761 Jhar

Jharkhand High Court

Sonu Lohra vs The State Of Jharkhand on 3 September, 2024

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
             Criminal Appeal (D.B.) No.1286 of 2022
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      Sonu Lohra.                           ... ... Appellant.
                                Versus
      1. The State of Jharkhand.
      2. Raidhar Manjhi
                                         ... ... Respondents.
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           CORAM      : SRI ANANDA SEN, J.

: SRI GAUTAM KUMAR CHOUDHARY, J.

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For the Appellant : Ms. Ashwini Priya, Advocate. For the State : Mr. Shiv Shankar Kumar, A.P.P. Mr. Ritesh Kumar, Advocate

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06/ 03.09.2024

I.A. No.7588 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 in connection with Special (POCSO) Case No.37 of 2018. He has been convicted for the offence under Sections 376(3) of the I.P.C., Section 4 of the POCSO Act. He was sentenced to undergo rigorous imprisonment for twenty years with a fine of Rs.10,000/- under Section 376(3) of the I.P.C.

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

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

5. There is a huge contradiction in the statement of this girl while she recorded her statement under Section 164 Cr.P.C. and when she deposed as witness being P.W.-2. In the statement, though she is a minor aged about approximately 14 years she states that she herself had voluntarily gone

with this appellant and married him and started living with him.

While deposing as a witness she states that she went with the appellant and has travelled to different places but states that she was raped in the house by this appellant.

6. If both the statements are read together, we are prima facie of the opinion that the appellant needs to be released on bail, furthermore when he is in custody since 29.09.2018 and there is no possibility of this appeal being taken up for final hearing in near future.

7. Considering the aforesaid fact, we are inclined to release this 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 learned Additional Sessions Judge-I-cum-Special Judge (POCSO Act), Simdega, in Special (POCSO) Case No.37 of 2018, with a condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Simdega, 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.