Pramod Kumar Paswan vs The State Of Jharkhand
2024 Latest Caselaw 8770 Jhar

Jharkhand High Court

Pramod Kumar Paswan 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
                   Cr. Appeal (D.B.) No. 1000 of 2024

      Pramod Kumar Paswan, S/o Vijay Shankar Ram ...... Appellant(s)
                             Versus
      The State of Jharkhand           ......        ...... Respondent(s)

      CORAM          :   SRI ANANDA SEN, J.

SRI GAUTAM KUMAR CHOUDHARY, J.

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      For the Appellant(s)    : Mr. Ashok Kumar, Advocate
      For the State           : Mr. S.K. Tiwari, Spl.P.P.
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03 /03.09.2024:      I.A. No. 7965 of 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 under Sections 448 and 376 of IPC in connection with S.T. No. 112 of 2016. He has been sentenced to undergo Rigorous Imprisonment for ten years and a fine of Rs.75,000/- for the offence under Section 376 of IPC.

3. Heard, learned counsel for the appellant and learned counsel 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. The victim is aged about 23 years. She states that she was residing in her house and this appellant was given one room to stay. She further states that at night she found this appellant concealing himself beneath the cot where she was sleeping. Thereafter this appellant established physical relationship against her wish and when she raised alarm, her in-laws came and when this appellant was found, he was left off.

It is the case of this appellant that since there was some dispute in respect of the house in question where this appellant was living as a tenant and as there was land-lord and tenant dispute, this appellant has been falsely implicated in this case.

6. After going through the evidence of victim PW1 in the manner in which she has narrated the story, how this appellant had earlier entered into the room and concealed himself beneath the cot and the fact that when the in-laws of this victim came, this appellant was let off, and the fact that there is no likelihood of hearing of this appeal in near future, 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/- (Rs. Ten Thousand only) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-II, Latehar, in connection with S.T. No. 112 of 2016 with a condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Latehar, once in every four months till the disposal of this appeal.

I.A. No. 7965 of 2024 stands allowed.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.) AKT/Satendra