Bula Lohra vs The State Of Jharkhand
2024 Latest Caselaw 9078 Jhar

Jharkhand High Court

Bula Lohra vs The State Of Jharkhand on 9 September, 2024

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Criminal Appeal (D.B.) No.817 of 2024
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           Bula Lohra, S/o Late Mohan Lohra, R/o Village- Mahuajadi, P.O. &
           P.S.- Mandar, District- Ranchi              ....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. Awnish Shankar, Advocate For the State : Mr. Vishwanath Roy, A.P.P. .........

06 /09.09.2024: I.A. No.6980 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(3) of IPC and Section 4 of POCSO Act in connection with POCSO Case No.40 of 2020. He has been sentenced to undergo rigorous imprisonment for twenty years with a fine of Rs.10,000/- for the offence under Section 376(3) of IPC.

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. The victim in her evidence stated that this appellant had caught her in his room and thereafter committed rape upon her and then she was rescued by others. The Doctor has been examined as P.W.-4, he categorically stated that no rape was committed upon her even her hymen was found to be intact.

6. Considering the aforesaid medical evidence, the fact that he has already remained in custody for four years and there is no likelihood of this appeal being taken up in near future, we are inclined to allow this interlocutory application. Accordingly, upon suspending the sentence, the appellant, namely, Bula Lohra 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 Judicial Commissioner-IV- Cum Special Judge POCSO, Ranchi in connection with POCSO Case No.40 of 2020 with a condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Ranchi, once in every four months till the disposal of this appeal

7. Accordingly, I.A. No.6980 of 2024 stands allowed.

(ANANDA SEN, J.)

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