SUBODH KUMAR SINGH Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) The instant interlocutory application has been filed under section 389(1) of the Code of Criminal Procedure for suspension of order of conviction dated 13.12.2013 and order of sentence dated 16.12.2013 respectively, passed by the learned Additional Sessions Judge-I East Singhbhum Jamsedpur in S.T. No. 250 of 2006 arising out of Telco P.S Case No. 39 of 2006 corresponding to G.R No. 360 of 2006 during pendency of the present criminal appeal.

(2.) The present Criminal Appeal has been filed against the judgment of conviction dated 13.12.2013 and order of sentence dated 16.12.2013 whereby the Learned Court court below held the appellant guilty of having committed offence under Section 376 (1), 313 & 201 of the Indian Penal Code. The convict -appellant was directed to undergo R.I. for 7 years and also fine of Rs. 5,000/- and in default of payment of fine he was to undergo R.I. for 2 months under Section 376 (1) of the Indian Penal Code. He was directed to undergo R.I. for 5 years and a fine of Rs. 5,000/- and in default of payment of fine to undergo R.I. for 2 months, under Section 313 of the I.P.C. The convict was further directed to undergo R.I. for 2 years and fine of Rs. 2,000/- and in default of payment of fine to further undergo R.I. for one moth under Section 201 of the Indian Penal Code. All the sentences of imprisonments were directed to run concurrently, but the fines imposed under different sections was to be paid separately. The amount of fine so realized from the convict were ordered to be handed over to the victim by way of compensation under the provision of Section 357 (1) of the Cr. P.C.

(3.) The learned counsel for the appellant submitted that the present criminal appeal was admitted on 28.02.2014 and L.C.R was called for. Therefore, after hearing the parties, the bail was granted to the appellant on 25.04.2014 by this Court.