Chandan Thakur vs The State Of Jharkhand
2021 Latest Caselaw 3120 Jhar

                           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                    Criminal Appeal (SJ) No. 850 of 2019
                                                        in
                                             I.A. No.4054 of 2020
                                                 ....

                Chandan Thakur                                                  ....        Appellant
                                                 Versus
            The State of Jharkhand                                               ....    Respondent
                                     ....
                CORAM:HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Appellant                : Mr. A.K.Chaturvedy, Adv.
                For the State                    : A.P.P.
                                                 ....

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

....

06/25.08.2021 This application has been filed under Section 389(1) of the Criminal Procedure Code on behalf of the appellant, for suspension of sentence and grant of bail to the appellant, during the pendency of the instant appeal.

This interlocutory application has been filed against the judgment of conviction dated 06.03.2019 and order of sentence dated 29.03.2019 passed by the learned Additional Sessions Judge-I, cum Special Judge POCSO Cases Chatra in POCSO Case No.21 of 2018, whereby and whereunder the appellant has been convicted for the offence under Section 4 of the POCSO Act and sentenced to undergo R.I. for seven years and to pay a fine of Rs.50,000/- and in default of payment of fine, further undergo S.I. for a period of six months.

It has been submitted that the allegation has been made against this appellant that he has fingered in private part of a four month old baby girl. It has been further submitted that during deposition of the I.O., nothing has been recovered showing the sign of blood. Learned counsel for the appellant has also referred the cross-examination of the Doctor. It has been further submitted that it is mere chance as the appellant was just passing through the way. Further the appellant has completed half of the sentence out of seven years of punishment as imposed by the trial court. On above facts, suspension of sentence has been prayed.

On the other hand, learned APP has opposed the prayer.

Having heard learned counsel for the parties and on perusal of records, it appears that a four month girl child has been fingered in her private part by this appellant and the mother of the baby girl is an eye witness to the incident. The appellant has arrested on the spot..

In the attending facts and circumstances of the case, I am not inclined to enlarge the appellant on bail. Accordingly, I.A. No.4054 of 2020 stands rejected.

(Rajesh Kumar, J.) Shahid/