Somen Roy Alias Soumen Roy vs The State Of Jharkhand on 13 November, 2017

IN THE HIGH COURT OF JHARKHAND AT RANCHI
I.A. No. 7508 of 2017
IN
Cr. Appeal (S.J.) No. 1624 of 2017

Somen Roy @ Soumen Roy ….. Appellant
Versus
The State of Jharkhand ….. Respondent
———
CORAM: HON’BLE MR. JUSTICE ANANT BIJAY SINGH
———
For the Appellant : Mr. D.K. Karmakar, Advocate.
For the State : A.P.P.
———
04/Dated: 13/11/2017

Sole appellant has faced the trial in S.T. No. 336 of 2015
before the Court of Ashok Kumar-II, learned Additional Sessions
Judge-1st-cum-Special Judge, F.T.C., East Singhbhum,
Jamshedpur, who under judgment dated 22.07.2017 has held the
appellant guilty under Section 354 of the Indian Penal Code and
further under order dated 25.07.2017 has awarded sentence to
undergo R.I. for 3 years 6 months with fine of Rs. 20,000/- under
Section 354 I.P.C. with stipulation that in case of non-payment of
the amount, the convict has to undergo further R.I. for six
months. Further, it was ordered to pay Rs. 15,000/- to the victim
– informant by way of compensation.
It appears that the appeal was admitted for hearing on
18.09.2017

and L.C.R. was called for.

After receipt of LCR, I.A. No. 7508 of 2017 filed on behalf
of the appellant under
Section 389 (1) of the Cr.P.C. has been
pressed.

Learned counsel for the appellant while referring the
evidence of P.W.-1 has submitted that the P.W.-1 (Victim) has
supported the case and in her cross-examination, in para-37, she
has admitted that she has never informed her husband about the
incident, which suggest that the relation between the parties are
consensual. It is further submitted that the appellant is in
custody since 17.04.2015, so the appellant deserves the
privilege of bail.

On the other hand, learned APP has opposed the prayer
for bail and has submitted that the P.W.-1 P.W.-4 have
supported the case.

Taking all these facts and circumstances, I am inclined to
admit the appellant on bail during pendency of the appeal after
suspending the order of sentence. The appellant is directed to
be released on bail on furnishing bail bond of Rs. 15,000/-
(Rupees fifteen thousand) with two sureties of the like amount
-2-

each to the satisfaction of learned Additional Sessions Judge-1st-
cum-Special Judge. F.T.C., East Singhbhum, Jamshedpur, in
connection with S.T. No. 336 of 2015, subject to the condition
that appellant is directed to deposit Rs. 15,000/- before
furnishing bail bonds, out of Rs. 20,000/-, which has been
imposed as fine by the trial court. Thereafter, bail bonds of the
appellant shall be accepted.

Further, on deposition of the aforesaid amount, the trial
court is directed to issue notice to the victim, P.W.-1, namely
Shilpi Das and on her appearance, the trial court shall release
the aforesaid amount in favour of P.W.-1 under Jharkhand Victim
Compensation Scheme.

I.A. No. 7508 of 2017 stands allowed.

Let a copy of order be sent to the trial court through ‘FAX’
at once.

(Anant Bijay Singh, J.)
Sunil/

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