Jharkhand High Court
Suleman Mian Alias Somar Mian vs The State Of Jharkhand on 13 November, 2017
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J.)No.1663 of 2017 Suleman Mian @ Somar Mian ...... Appellant Versus The State of Jharkhand ...... Opposite Party CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH For the Appellant : Mr. Rajesh Kumar, Advocate For the State : APP 05/Dated: 13/11/2017 I.A. No. 7427 of 2017 The present interlocutory application has been filed on behalf of the appellant praying for grant of bail after suspending the sentence during the pendency of the appeal, who has faced trial in S.T. No. 100 of 2015 and by judgment of conviction and order of sentence dated 06.07.2017 passed by Shri Umesha Nand Mishra, learned Ist Addl. Sessions Judge, Latehar whereby and whereunder the appellant has been convicted for the offence under section 376 I.P.C and awarded sentence R.I for 7 years and to pay a fine of Rs. 5,000/ for the offence under section 376 I.P.C and in default of fine the appellant was to suffer further terms of S.I for the period of six months.
It appears that under order dated 05.10.2017, this criminal appeal was admitted and L.C.R was called for which has been received.
It was submitted by the counsel for the appellant that in the cause title of the impugned judgment the age of the appellant has been mentioned as 75 years and no potency test has been conducted which casts serious doubt about the prosecution case.
Learned APP has opposed the prayer for bail and submitted that victimP.W.1 has supported the case of prosecution.
In the facts and circumstances of the case, I hereby suspend the sentence awarded to aforesaid appellant and accordingly, above named appellant is directed to be released on bail during pendency of this instant appeal on furnishing bail bond of Rs. 10,000/ (Rupees ten thousands), with two sureties of the like amount each to the satisfaction of the court of Shri Umesha Nand Mishra, learned Ist Addl. Sessions Judge, Latehar in connection with S.T. Case No. 100 of 2015.
I.A. No.7427 of 2017 stands allowed and disposed of. Further perusal of impugned judgment reveals that O/c was directed to supply copy of judgment to the office of D.L.S.A, Latehar for ensuring payment of compensation to the victimSanichariya Devi of this case in accordance with Victim Compensation Act.
Under these circumstances, trial court is directed to submit report to this court within sixteen weeks whether the victim has been extended payment under Victim Compensation Act or not.
List this case after sixteen weeks.
Let a copy of this order be communicated to the concerned trial court and to the Secretary, D.L.S.A, Latehar through FAX for compliance.
Satyarthi/- (Anant Bijay Singh, J.)