Parmeshwar Yadav vs The State Of Jharkhand
2024 Latest Caselaw 8987 Jhar

Jharkhand High Court

Parmeshwar Yadav vs The State Of Jharkhand on 5 September, 2024

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Criminal Appeal (D.B.) No.746 of 2024
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           Parmeshwar Yadav, S/o Bishun Yadav                ....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. Randhir Kumar, Advocate For the State : Mrs. Vandana Bharti, A.P.P. .........

05 /05.09.2024: I.A. No.5494 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 for the offence under Sections 376 and 420 of IPC in connection with S.T. Case No.93 of 2018. He has been sentenced to undergo rigorous imprisonment for ten years with a fine of Rs.30,000/- for the offence under Section 376 of IPC along with other sentences.

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. From the evidence, we find that the victim is aged about 40 years. It is stated that she was working with this appellant and this appellant assured her that he will take care of her children, thereafter, the physical relationship developed. Though it has been stated that the same was against her wish, but the same continued from year, 2012 to 2017. Due to physical relationship, she became pregnant and her pregnancy was aborted. There is evidence of monetary transaction between them also.

6. Considering the long standing relationship and also the monetary transaction between the parties, we are inclined to allow this interlocutory application. Accordingly, upon suspending the sentence, the appellant, namely, Parmeshwar Yadav is directed to be released on bail during the pendency of this appeal, on furnishing bail bonds of Rs.10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Koderma in connection with S.T. Case No.93 of 2018 with a condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Koderma, once in every four months till the disposal of this appeal

7. Accordingly, I.A. No.5494 of 2024 stands allowed.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.) R.S.