Asgar Ahmad vs State Of Jharkhand
2024 Latest Caselaw 9550 Jhar

Jharkhand High Court

Asgar Ahmad 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 (DB) No. 2159 of 2023
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                      Asgar Ahmad, aged about 42 years, s/o Alimuddin, r/v C.C. Katri, PO& PS Gumla,
                      Dist. Gumla                                      ... 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. Imtiaz Khan, Advocate
                      For the State           : Ms. Saket Kumar, APP
                                                    .........
   10/23.09.2024:
               I.A. No.827 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 Session Trial No. 193 of 2008, for the offence under Section 363 A of the IPC. He has been sentenced to undergo rigorous imprisonment for ten years with a fine of Rs. 25,000/- for offence under Section 363 A of the IPC.

3. Heard, the learned counsel for the appellant(s) 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. Admittedly, victim has returned to her village and she has also been examined as P.W.2

6. Considering the fact that victim has already returned and the fact that there is no likelihood of this appeal being heard in near future, we are inclined to allow this interlocutory application. Accordingly, upon suspending the sentence, the appellant is directed to be released on bail during the pendency of this appeal, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-I-cum-Special Judge, Gumla in Sessions Trial No. 193 of 2008 with a condition that 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. This interlocutory application is, accordingly, allowed.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.)

Anjali/- cp3