Deepak Kumar vs The State Of Jharkhand
2021 Latest Caselaw 3047 Jhar

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                  I.A. No.3317 of 2021
                                        In
                       Criminal Appeal (S.J.) No.216 of 2021
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           Deepak Kumar                               ...           ...      Appellant
                                      Versus
           The State of Jharkhand                     ...           ...      Respondent
                                        ---
              CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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           For the Appellant             : Mr. Kumar Nilesh, Adv.
           For the State                 : Md. Hatim, 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.3317 of 2021

04/23.08.2021: 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 Section 363 of the Indian Penal Code and under Section 8 of the POCSO Act vide judgment of conviction and order of sentence dated 23.03.2021 by which the appellant has been sentenced to undergo rigorous imprisonment for a period of five years for the offence under Section 363 of the I.P.C. with fine of Rs.10,000/- and rigorous imprisonment of three years for offence under Section 8 of the POCSO Act with fine of Rs.10,000/- in default thereof further to undergo six months rigorous imprisonment, passed by the learned District and Additional Sessions Judge-I-cum-Special Judge at Bokaro, in connection with Special POCSO Case No.69 of 2018.

3. It has been submitted by the learned counsel for the appellant that the appellant's age is about 20 years and there was love affairs between the appellant and the victim. There is no allegation of sexual assault against the appellant. Neither the ingredients of section 366(A) nor section 376 of the Indian Penal Code is present. The appellant has

remained in custody for about six months. On the basis of above facts, the prayer for bail has been made.

4. On the other hand, learned counsel for the State has opposed the prayer for bail.

5. In the attending facts and circumstances of the case, 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 satisfaction of the learned District and Additional Sessions Judge-I-cum-Special Judge at Bokaro, in connection with Special POCSO Case No.69 of 2018, 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.3317 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/-