Jharkhand High Court
Diyash Char vs The State Of Jharkhand on 23 September, 2024
Author: Ananda Sen
Bench: Ananda Sen, Gautam Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (D.B.) No.1198 of 2023
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Diyash Char, S/o Kanto Char, R/o Mouza- Chudaria, P.O. & P.S.-
Tundi, Distt- Dhanbad ....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. R.S. Mazumdar, Sr. Advocate
Mrs. Jasvindar Mazumdar, Advocate
For the State : Mr. Abhay Kumar Tiwari, A.P.P.
For the Informant : Mr. Baibhaw Gahlaut, Advocate
.........
03 /23.09.2024: I.A. No.10204 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 under Section 6 of the POCSO Act, in
connection with Special POCSO Case No.94 of 2021. He has been
sentenced to undergo rigorous imprisonment for twenty five
years with a fine of Rs. 10,000/- for the offence under Section 6 of
the POCSO Act along with other sentences.
3. Heard, learned Senior counsel for the appellant, learned
A.P.P. for the State and learned counsel for the informant and
have gone through the impugned judgment, the evidence and
the Trial Court Records.
4. Opportunity was given to the State and the informant to
oppose the bail, which they availed and opposed.
5. The victim is aged about 13 years, alleges commission of
rape by this appellant, who is none but her brother-in-law.
6. There is material evidence to suggest that there was
matrimonial discord between the wife i.e. the sister of the victim
and this appellant, which is evident from paragraph Nos.37 and
38 of the deposition of P.W.-2, who is the mother of the victim.
Though it has come in the evidence that the victim-girl had
become pregnant, but she herself stated that there was
miscarriage as she fell down while coming from the washroom.
It has not been established who was responsible for that said
miscarriage, but the fact remains that there was matrimonial
discord between the parties and there is considerable delay in
lodging the F.I.R.
7. Considering the aforesaid fact, we are inclined to allow this
Interlocutory application. Accordingly, upon suspending the
sentence, the appellant, namely, Diyash Char 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 Special Judge (POCSO Act), Bokaro in connection with
Special POCSO Case No.94 of 2021 with a condition that the
appellant shall appear and mark his attendance before the
Registrar, Civil Court, Bokaro, once in every four months till the
disposal of this appeal
8. Accordingly, I.A. No.10204 of 2024 stands allowed.
(ANANDA SEN, J.)
(GAUTAM KUMAR CHOUDHARY, J.)
R.S.
