Mahesh Bhuinya @ Bua Bhiya @ Mahesh ... vs State Of Jharkhand
2024 Latest Caselaw 9546 Jhar

Jharkhand High Court

Mahesh Bhuinya @ Bua Bhiya @ Mahesh ... vs State Of Jharkhand on 23 September, 2024

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          Cr. Appeal (D.B.) No. 1347 of 2023
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            1. Mahesh Bhuinya @ Bua Bhiya @ Mahesh Bhuiya @ Bua Bhuiya, aged
               about 21 years, s/o late Vijay Bhuinya, r/o Kumardhubi Colliery , PO &
               PS Chirkunda, Dist. Dhanbad
            2. Sanjay Jamuda @ Ganni Jamuda, aged about 21 years, s/o Kandey
               Munda, r/o Kumardhubi Colliery, PO &PS Chirkunda, Dist. Dhanbad
            3. Tinku @ Krishna Bhuiya, aged about 20 years, s/o of Chhotulal Bhuiya,
               r/o Kumardhubi Colliery, PO& PS Chirkunda, Dist. Dhanbad
                                                                  ... Appellant(s).
                                        Versus
            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 Mr. Rohan Mazumdar, Advocate For the State : Mr. Bhola Nath Ojha, APP .........

06 /23.09.2024:

This interlocutory application has been filed by the appellants, praying therein to suspend the sentence and release them on bail during pendency of this appeal.

2. The appellants have been convicted and sentenced in connection with Children Case No. 17 of 2022, for the offence under Section 376 D A of the IPC and Section 6 of the Protection of Children from Sexual Offences Act. They have been sentenced to undergo rigorous imprisonment for life and a fine of Rs.10,000/- for offence under Section 6 of the Protection of Children from Sexual Offences Act.

3. Heard, the learned counsel for the appellants, 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 State availed and opposed.

5. After going through the evidence of the victim, who is aged about 13 years (as per the school transfer certificate) and there is direct evidence against the appellants, we are not inclined to grant bail to the appellants.

6. Accordingly, the Interlocutory application stand dismissed.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.)

Anjali/- cp3