Allowed

Shivdayal Lohra v. the State of Jharkhand

Jharkhand HC17 Jun 2021Cr.A(SJ)/597/2020

Case brief

AI extract

What is this about?

In an appeal against rejection of bail, the High Court ordered release of the appellant on bail, reversing the lower court order. This considered his custody duration and the fact that a co-accused had already been granted bail.

What did the court decide?

Appellant released on bail with a bond of Rs.10,000 and two sureties, subject to condition that one bailor is his mother; impugned order set aside.

Shivdayal Lohra Vs the State of Jharkhand — Child Sexual Offences (POCSO) | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J.) No.597 of 2020

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Shivdayal Lohra … … Appellant Versus The State of Jharkhand … … Respondent

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CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

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--- For the Appellant : Ms. Sunita Kumari, Adv. For the State : Mr. Shailendra Kr. Tiwari, A.P.P.

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The matter was taken up through Video Conferencing. Learned counsel for the parties had no objections with it and submitted that the audio and video qualities are good.

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05/17.06.2021: Heard Ms. Sunita Kumari, learned counsel appearing for the appellant and Mr. Shailendra Kr. Tiwari, learned A.P.P. appearing for the State.

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2. The criminal appeal has been filed for grant of regular bail to the appellant in connection with Gumla P.S. Case No.118 of 2016 corresponding to Spt. G.R. (Children Case) No.295 of 2016, for the offence u/s 341, 342, 354B, 376D & 120B of the Indian Penal Code and u/s 4/17 of the POCSO Act, now pending in the Court of the learned Additional Sessions Judge-I-cum-Special Judge, Gumla.

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3. It has been submitted by the learned counsel for the appellant that the appellant is in custody since 24.03.2016. The allegation of rape has been alleged against five known persons and one unknown person. The name of this appellant has come during police investigation. It has further been stated that the other co-accused namely Rohit Oraon has already been enlarged on bail by the co-ordinate bench of this Court vide order dated 05.07.2018 in B.A. No.8017 of 2017. The appellant was aged about 16 years at time of commission of crime and now he is major. On the above facts, the prayer for bail has been made.

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4. On the other hand, learned counsel for the State has opposed the prayer for bail. 5. Considering the period the custody and the fact that the coaccused has already been enlarged on bail, the appellant, above named, 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

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satisfaction of the learned Additional Sessions Judge-I-cum-Special Judge, Gumla, subject to the condition that one of the bailor will be the mother of the appellant.

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6. Accordingly, instant criminal appeal is allowed and the impugned order dated 09.09.2020 passed by the learned Additional Sessions Judge-I-cum-Special Judge, Gumla in B.P. No.645 of 2020, in connection with Gumla P.S. Case No.118 of 2016 corresponding to Spt. G.R. (Children Case) No.295 of 2016 is, hereby, set aside.

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(Rajesh Kumar, J.)

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Amar/-

Shivdayal Lohra v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Shivdayal Lohra v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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