Jai Kumar @ Gullu vs The State Of Jharkhand
2021 Latest Caselaw 666 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   I.A. No. 6083 of 2020
                         in
                   Cr. Appeal (S.J.) No. 383 of 2020
                         ...

Jai Kumar @ Gullu                      ....          Appellant
                         -V e r s u s-
The State of Jharkhand                      .....    Respondent
                         ...
Coram:        HON'BLE MR. JUSTICE AMITAV K. GUPTA
                         ...

For the Appellant : Mr. Nilesh Kumar, Advocate. For the State : Mr. Sanjay Kumar Srivastava, APP ...

I.A. No. 6083 of 2020 ...

03/11.02.2021

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 preferred against the judgment dated 17.03.2020, passed by the court of learned Additional Judicial Commissioner-IV- cum-Special Judge (POCSO) Ranchi in POCSO Case No. 107 of 2017, whereby the appellant has been found guilty and convicted for the offence under Sections 366, 366 A and 417 of the Indian Penal Code and sentenced to undergo rigorous imprisonment of 7 years and a fine of Rs.10,000/- under Sections 366, 366 A of the Indian Penal Code and in default, thereof, to suffer imprisonment of 6 months and simple imprisonment of 1 year under Section 417 of the Indian Penal Code.

3. Having heard the learned counsel for the appellant and learned A.P.P. and on perusal of the First Information Report, it is alleged that the accused Kaleshwar Mahato alongwith this appellant had kidnapped the victim from her house to marry her. The allegation of commission of rape and refusing to marry the victim, is against Kaleshwar Mahto. It appears that the occurrence had taken place on 28.12.2016 and the victim was left by Kaleshwar Mahato at Khelari on 27.08.2017. She was handed over on 'Jimmanama' by the Police to the custody of her mother. Thereafter the case was lodged on 05.10.2017. In her deposition, P.W.-1, the victim has stated that accused Kaleshwar Mahto had taken her on the bike to the house of the appellant. The victim has stated that she knew Kaleshwar Mahto for last 3 to 4 years.

In view of the testimony of the victim and the delay in lodging of the F.I.R., 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 Additional Judicial Commissioner-IV-cum- Special Judge (POCSO) Ranchi in connection with POCSO Case No.107 of 2017 on the condition that he shall deposit Rs.10,000/- as part of the fine amount in the court below.

4. In the result, I.A. No. 6083 of 2020 stands allowed.

(AMITAV K. GUPTA, J.) APK