Dhanu Ram Tuddu @ Sukhlal Tuddu vs The State Of Jharkhand
2021 Latest Caselaw 725 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   I.A. No. 4170 of 2020
                         in
                   Cr. Appeal (S.J.) No. 364 of 2020
                         ...

Dhanu Ram Tuddu @ Sukhlal Tuddu.... Appellant

-V e r s u s-

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

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

For the Appellant : Mr. Vikash Kumar, Advocate. For the State : Mr. Vineet Kumar Vasisht, APP ...

I.A. No. 4170 of 2020 ...

06/15.02.2021

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

13.03.2020, passed by the court of learned District & Additional

Sessions Judge-I-cum-Special Judge POCSO Act, Seraikella, in

S.T. Case No. 129 of 2014, whereby the appellant has been found

guilty and convicted for the offence under Section 354 (B) 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 4 years

and fine of Rs.5,000/- in default, thereof, to suffer simple

imprisonment of 2 months for the offence under Section 354 (B)

of the Indian Penal Code.

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

P.W. 1 and P.W. 3 have stated that there was scuffle and when the

prosecutrix tried to free herself whereupon the appellant felled the victim on the ground and molested her. The injury sustained by the

victim due to felling her on the ground by the appellant has not

been produced by the prosecution.

4. Considering the period of custody of the appellant, he 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 & Additional Sessions Judge-I-cum-Special Judge

POCSO Act, Seraikella in connection with S.T. Case No. 129 of

2014 on the condition that he shall deposit fine amount of

Rs.5,000/- in the court below.

5. In the result, I.A. No. 4170 of 2020 stands allowed.

...

Cr. Appeal (S.J.) No. 364 of 2020 ...

1. Office to list the appeal under the heading 'For Hearing' in

seriatim.

(AMITAV K. GUPTA, J.) APK