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2017 DIGILAW 843 (JHR)

Md. Qaish Khalifa @ Qaish Khalifa, son of Jamshed Khalifa v. State of Jharkhand

2017-05-10

ANANDA SEN, PRADIP KUMAR MOHANTY

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ORDER : I.A. No. 3581 of 2016 1. The instant I.A. No. 3581 of 2016 has been filed praying therein to release the appellant on bail during the pendency of the appeal after suspending the sentence. 2. Heard Mr. A.K.Kashyap, learned senior counsel for the appellant as well as learned Addl. P.P. for the State and learned counsel for the informant. 3. Learned counsel for the appellant submits that a false case has been instituted against the present appellant and this complaint case was filed after three years of occurrence. He also denied the Nikahnama i.e. Exhibit-A, A/1. Learned counsel for the appellant further submits that there was a love affairs between the victim and the appellant therefore, he may be released on bail. 4. Learned Addl. P.P. vehemently opposes the prayer for bail on the ground that victim specifically stated about the role played by the appellant and P.Ws 4 and 6, the father and mother of the victim corroborated the same. Learned A.P.P. further submits that the victim was not categorically examined as she committed suicide after six months, therefore, it is not a fit case to admit him on bail. 5. Learned counsel appearing for the informant vehemently opposes the prayer for bail on the ground that the appellant committed rape and out of threat Nikah was performed due to which she could not file the first information report at that time and lodged this complaint case after three years from the date of occurrence. He further submits that P.W.5 also implicating other co-accused persons, deposited that they were trying to sell the girl at Varanasi, therefore, it is not a fit case to admit him on bail. 6. Perused the lower court records. 7. Considering the evidence of P.Ws. He further submits that P.W.5 also implicating other co-accused persons, deposited that they were trying to sell the girl at Varanasi, therefore, it is not a fit case to admit him on bail. 6. Perused the lower court records. 7. Considering the evidence of P.Ws. 4, 5 and 6, Medical report (exhibit-A) and the period of custody, we direct the trial court (learned Additional Sessions Judge-IV, Garhwa) to admit the appellant, namely, Md.Qaish Khalifa @ Qaish Khalifa, on bail after suspending the sentence imposed against him, on such terms and conditions, as he may deem fit and proper, in connection with Sessions Trial No. 379 of 2013, subject to the condition that the appellant shall deposit a sum of Rs.75,000/-(Rupees seventy five thousand only), in the name of the P.W.-4 (father) in the shape of Cash Certificate/Fixed Deposit of a Nationalized Bank for a period of 10 years subject to its renewal, and a certificate to that effect shall be furnished before the trial Court, and the trial court shall intimate the Bank not to encash or pledge the same in favour of P.W.4 (father) within a period of 10 years without the leave of the Court, but quarterly interest should be disbursed to the P.W.4 (father). 8. This Court further directs the Member Secretary, JHALSA, Ranchi to obtain application from the P.W.6 (mother), as per Section 357 (A) of the Code of Criminal Procedure and consider and disburse the victim compensation to the P.W.6 (mother) as per Victim Compensation Scheme within three months from the date of receipt of a copy of this order and intimate to this Court about the same. 9. This Court directs the Registry to communicate a copy of this order to the Member Secretary, JHALSA, Ranchi immediately. 10. I.A. No. 3581 of 2016 stands disposed of.