Bishram Oraon vs The State Of Jharkhand
2024 Latest Caselaw 9340 Jhar

Jharkhand High Court

Bishram Oraon vs The State Of Jharkhand on 19 September, 2024

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Criminal Appeal (D.B.) No.678 of 2024
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           Bishram Oraon, S/o Charu Oraon, R/o Village- Panso, P.O & P.S.
           Gumla, District- Gumla                           ....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. Abhay Shankar Dayal, Advocate Ms. Supriya Dayal, Advocate For the State : Mr. Pankaj Kumar Mishra, A.P.P. .........

06 /19.09.2024: I.A. No.9346 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(2)(n) of IPC, in connection with S.T. No.216 of 2017. He has been sentenced to undergo rigorous imprisonment for ten years with a fine of Rs.50,000/- for the offence under Sections 376(2)(n) 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. From the evidence of the victim, we find that she stated that sexual assault had first taken place in year 2008 and it continued till the year 2016. In the year 2008, she was of fifteen years. Admittedly, the complaint was lodged after eight years from the first occurrence.

6. Considering the aforesaid fact, we are inclined to allow this interlocutory application. Accordingly, upon suspending the sentence, the appellant, namely, Bishram Oraon 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-I- cum-Special Judge, Gumla, in connection with S.T. No.216 of 2017 with a condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Gumla, once in every four months till the disposal of this appeal

7. Accordingly, I.A. No.9346 of 2024 stands allowed.

(ANANDA SEN, J.)

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