Gurjeet Singh @ Gurjit Singh vs The State Of Jharkhand
2021 Latest Caselaw 3040 Jhar

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                   I.A. No.3051 of 2021
                                            In
                             Criminal Appeal (S.J.) No.158 of 2021
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Gurjeet Singh @ Gurjit Singh ... ... 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. Kashyap, Sr. Adv.

Mr. Suraj Kishore Prasad, Adv.

For the State : Mrs. Priya Shrestha, 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.3051 of 2021

06/23.08.2021: 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 Sections 354/354A of the Indian Penal Code and under Sections 10 and 12 of the POCSO Act vide judgment of conviction and order of sentence dated 06.03.2021 by which the appellant has been sentenced to undergo rigorous imprisonment for one year and fine of Rs.1,000/- for the offence under Section 354 of I.P.C., in default thereof, further to undergo one month simple imprisonment; rigorous imprisonment for five years and fine of Rs.5,000/- for the offence under Section 10 of the POCSO Act read with Section 354A of the I.P.C., in default thereof, to undergo two months imprisonment; rigorous imprisonment for three years and fine of Rs.3,000/- for the offence under Section 12 of the POCSO Act, in default thereof to undergo one month imprisonment, passed by the learned Special Judge (POCSO), East Singhbhum, Jamshedpur in Spl. POCSO Case No.10 of 2019 arising out of Burmamines P.S. Case No.93 of 2018.

3. It has been submitted by the learned senior counsel for the appellant that the appellant is in custody since 06.03.2021. Further, it has been stated that this is an innocent act, which has wrongly been

perceived as offence under the POCSO Act. The appellant had remained in custody during the trial period from 18.11.2018 to 29.04.2019. On the aforesaid facts, the prayer for suspension of the sentence has been made.

4. Learned counsel for the State has opposed the prayer for bail.

5. From the perusal of the records, it appears that the victim-girl and the independent witness-P.W.-3 had supported the allegation levelled against the appellant.

6. In view of nature of allegation and the evidence on record, this Court is not inclined to release the appellant on bail during pendency of the instant criminal appeal.

In the result, I.A. No.3051 of 2021 stands rejected.

(Rajesh Kumar, J.)

Amar/-