Sanjay Birhor vs The State Of Jharkhand
2024 Latest Caselaw 9285 Jhar

Jharkhand High Court

Sanjay Birhor vs The State Of Jharkhand on 17 September, 2024

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 Criminal Appeal (D.B.) No.1073 of 2024
                                      -------
            Sanjay Birhor.                               ... ... Appellant
                                         Versus
            The State of Jharkhand.                    ... ... Respondent
                                    ------
               CORAM : SRI ANANDA SEN, J.

: SRI GAUTAM KUMAR CHOUDHARY, J.

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For the Appellant : Mr. Prabhat Singh, Advocate For the State : Mr. Vishwanath Roy, A.P.P.

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03/ 17.09.2024

I.A. No.8496 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 S.T. No.52 of 2024. He has been convicted

for the offence under Section 376(2) (n) of the IPC and was

sentenced to undergo rigorous imprisonment for 16 years

with fine of Rs.5,000/- under Section 376(2) (n) of the 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 has supported the prosecution case.

She has stated that thrice she was raped by this appellant

who took her in a jungle by dragging her.

6. Prima facie, we do not find any material to

disbelieve the statement of the victim.

7. Considering the nature of evidence, we are not

inclined to release this appellant on bail.

8. This interlocutory application is, accordingly,

dismissed.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.)

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