Jai Prakash Lala @ Jhulan Lala @ Jai ... vs The State Of Jharkhand
2021 Latest Caselaw 629 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   I.A. No. 1435 of 2020
                          in
                   Cr. Appeal (S.J.) No. 121 of 2020
                          ...

Jai Prakash Lala @ Jhulan Lala @ Jai Prakash Lal ... Appellant

-V e r s u s-

The State of Jharkhand ..... Respondent ...

Coram: HON'BLE MR. JUSTICE AMITAV K. GUPTA ...

For the Appellant : Mr. Md. Zaid Ahmed, Advocate.

For the State     : Mr. Saket Kumar, APP.
                         ...
                  I.A. No. 1435 of 2020
                         ...
06/09.02.2021

1. This interlocutory application has been filed under Section

389 (1) of the Code of Criminal Procedure for suspension of the

sentence and grant of ad-interim bail to the appellant, during the

pendency of the appeal.

2. The appeal is directed against the judgment dated

22.01.2020, passed by the court of learned District and Additional

Sessions Judge-IX-cum-Special Judge, POCSO, Dhanbad, in

Special POCSO Case No. 7 of 2018, whereby the appellant has

been found guilty and convicted for the offences under Sections

341 and 344 A of the Indian Penal Code and under Section 8 of the

Protection of Children (From Sexual Offences) Act, 2012 (for

short POCSO Act) and sentenced to undergo rigorous

imprisonment of 5 years under Section 8 of the POCSO Act and a

fine of Rs.10,000/- in default, thereof, to suffer rigorous

imprisonment of 3 months.

3. Heard the learned counsel for the appellant and learned A.P.P.

As per the deposition of P.W. 1 (victim), the appellant had entered

her room and kissed and molested her. The independent witnesses- P.W. 2 and P.W. 3 have not supported the case. However, P.W.-5,

the brother of the victim in his cross-examination has admitted that

there was a dispute with respect to the 'Nala' between the

informant's family and the appellant.

4. In view of the materials on record and the period of custody,

the appellant is directed to be enlarged on bail, during the

pendency of the appeal, on his furnishing bail bond of Rs.10,000/-

(Rupees Ten Thousand), with two sureties of the like amount each

to the satisfaction of learned District and Additional Sessions

Judge-IX-cum-Special Judge, POCSO, Dhanbad in connection

with Special POCSO Case No. 7 of 2018 on the condition that he

shall deposit fine amount of Rs.10,000/- in the court below.

5. In the result, I.A. No. 1435 of 2020 stands allowed.

(AMITAV K. GUPTA, J.) APK