Jharkhand High Court
Chandragupt Sinku vs The State Of Jharkhand on 30 June, 2016
Author: Ratnaker Bhengra
Bench: Ratnaker Bhengra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
I.A. No. 1963 of 2016
In
Cr. Appeal (SJ) No. 203 of 2016
...
Chandragupt Sinku, son of Sunil Kishore Sinku, residents of Village-
Kolaysai, PO & PS- Jagarnathpur, Dist- Singhbhum West.
... Appellant
-Versus-
The State of Jharkhand ... ... Respondent
CORAM :- HON'BLE MR. JUSTICE RATNAKER BHENGRA
...
For the Appellant :- Mr. Anjani Kumar, Advocate.
For the Respondent :- A.P.P.
...
05/30.06.2016: Heard learned counsel for both the sides.
Learned counsel for the appellant has submitted that it has come on record that 'hymen old ruptured more than 72 hours before', which raises suspicion as to whether rape actually took place or not. Learned counsel has further submitted that no marks of violence or any foreign particle was present in the body of the victim. Learned counsel has further submitted that appellant is in custody since 30.08.2010 that would be about six years. Appellant has served out about 75 % of the sentence. Therefore, appellant may be enlarged on bail, during pendency of this appeal.
Learned A.P.P., appearing on behalf of the State, has submitted that version of the prosecutrix is itself sufficient to convict the appellant and that is why appellant is properly held guilty for the offence and therefore, he does not deserve bail.
Having heard learned counsel for both the sides, going through the records on hand and in the facts and circumstances of the case and considering the period of custody, during pendency of this appeal, appellant, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/-( Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, West Singhbhum, Chaibasa, in connection with Sessions Trial Case No. 50/2011.
Accordingly, I.A. No. 1963 of 2016 stands disposed of.
(Ratnaker Bhengra, J.) S.B.