Jharkhand High Court
Heeralal Rajwar vs The State Of Jharkhand on 4 August, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
I.A. No.3113 of 2021
In
Criminal Appeal (S.J.) No.674 of 2019
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Heeralal Rajwar ... ... 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 : Mr. A.K. Sahini, Adv.
For the State : Mrs. Niki Sinha, 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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I.A. No.3113 of 2021
05/04.08.2021: This interlocutory application has been filed on behalf of the
appellant under Section 389 (1) of the Code of Criminal Procedure, for
suspension of sentence and release him on bail, during pendency of the
instant appeal.
2. The appellant has been convicted for the offence under Section
354 of the Indian Penal Code and under Sections 10 and 12 of the
POCSO Act vide judgment of conviction dated 17.06.2019 and has been
sentenced vide order of sentence dated 19.06.2019 passed by the learned
Additional Sessions Judge-1st-cum-Special Judge, FTC, Bokaro in
Special POCSO Case No.04 of 2016 arising out of Siyaljori P.S. Case
No.94 of 2014 corresponding to G.R. Case No.1665 of 2014, whereby
the appellant has been sentenced to undergo Rigorous Imprisonment of
five (05) years with fine of Rs.10,000/- for the offence under Section 10
of the POCSO Act and further to undergo rigorous Imprisonment of
three (03) years for the offence under Section 12 of the POCSO Act. In
default of payment, further to undergo two months imprisonment for
each offence.
3. It has been submitted by the learned counsel for the appellant
that the appellant is in custody since 17.06.2019. Earlier, an interlocutory
application being I.A. No.5919 of 2019 had also been filed for
suspension of the sentence and grant of ad-interim bail to the appellant,
which has been rejected vide order dated 20.08.2020 with a liberty to
renew the prayer for bail if the case is not taken up for hearing by June,
2021. On the aforesaid liberty, the present interlocutory application has
been filed.
4. Learned counsel for the State has opposed the prayer for bail.
5. In the attending facts and circumstances of the case and
considering the period of custody and the fact that the case is not likely
to be taken up for hearing in near future, I am inclined to suspend the
sentence of the appellant and enlarge him on bail on his furnishing bail
bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Additional Sessions Judge-
1st-cum-Special Judge, FTC, Bokaro in Special POCSO Case No.04 of
2016 arising out of Siyaljori P.S. Case No.94 of 2014 corresponding to
G.R. Case No.1665 of 2014, subject to the condition that the appellant
will submit self-attested photocopy of his Aadhar Card and also submit
his mobile number before the learned court below which he will always
keep active and will not change it during pendency of this case without
prior permission of the court.
6. In the result, I.A. No.3113 of 2021 is, hereby, allowed.
7. The appellant shall remain present before the Court, when the
appeal is taken up for hearing, failing which his bail shall be cancelled.
(Rajesh Kumar, J.)
Amar/-
