Awadhesh Goel vs The State of Jharkhand

After receipt of LCR, an application being I.A. No. 826 of 2017 under Section 389 (1) of the Cr.P.C has been filed for grant of bail of the sole appellant, who has faced the trial in S.T. No. 91 of 2009 by which learned Additional Sessions Judge-V cum FTC, Dhanbad vide judgment of conviction dated 11.01.2017 and order of sentence dated 13.01.2017 convicted the appellant and sentenced him to undergo R.I for 1 year under Section 342 of the I.P.C. and further sentenced to R.I. for 7 years and a fine of Rs.10,000/- u/s 376 of the IPC and in default of fine further directed to undergo S.I for 3 months.

Learned counsel for the appellant submitted that PW-3, the doctor has examined the victim and assessed her age as 19 years. The doctor has deposed that there is no sign of rape upon the victim. The I.O who has been examined as PW-14 has deposed that there was some dispute between the appellant and the husband of the prosecutrix regarding payment of loan amount. learned counsel for the appellant has submitted that the appellant is in custody since date of conviction.

Learned APP has opposed the prayer for bail of the appellant In the facts and circumstances, I am inclined to admit the appellant on bail and suspend the sentence awarded to the appellant and the above named appellant is directed to be released on bail, during pendency of this appeal, on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-V cum FTC, Dhanbad in S.T. No. 91 of 2009, subject to the condition that before furnishing bail bond, the appellant shall deposit the fine amount of Rs.10,000/- in the court below. The court below is further directed to accept the bail bond of the appellant after receipt of the aforesaid amount.

Thereafter, the court below shall issue notice to the victim PW-11,namely, Neelmani Devi, D/o Durga Charan Gope, R/o Fokradih, P.S. -Baliyapur, Distt- Dhanbad and on her appearance and on proper verification, the court below will release the aforesaid amount in favour of the victim PW-11, under Jharkhand Victim Compensation Act, 2012.

I.A. No. 826 of 2017 stands disposed of.

Let a copy of this order be communicated to the court below through FAX.