Mantosh Kumar Paswan vs The State Of Jharkhand
2021 Latest Caselaw 932 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  I.A. No.1324 of 2020
                          In
            Cr. Appeal (S.J.) No.52 of 2020

    Mantosh Kumar Paswan                    ......      Appellant

                           Versus
    The State of Jharkhand                  .....    Respondent
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CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA

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For the Appellants : Mr. Lalit Yadav, Advocate For the State : Mr. Rakesh Ranjan, A.P.P.

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05/Dated: 24th February, 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 petitioner/ appellant, during the pendency of the appeal.

2. The appeal is directed against the judgment dated 10.12.2019, passed by the court of learned Additional Sessions Judge - IX -cum- Special Judge POCSO, Dhanbad, in Spl. (POCSO) Case No.77 of 2018, whereby the appellant was found guilty and convicted for the offence under Sections 341, 354, 354B of the Indian Penal Code and Section 10 of the Protection of Children from Sexual Offences Act, and sentenced for a maximum period of five years rigorous imprisonment and fine of Rs.5,000/- and Rs.25,000/- under Section 354B I.P.C and Section 10 of POCSO Act, in default thereof, to suffer R.I of three months.

3. Learned counsel for the appellant has submitted that perusal of deposition of P.W.-1, i.e., the victim, will reveal that the ingredients to constitute the offence under Section 354B of I.P.C and Section 10 of POCSO Act, is not made out. There is no allegation that the appellant had disrobed or sexually assaulted the victim. It is submitted that the petitioner has remained in custody from 23.04.2018 to 03.08.2018, during trial and is in custody since the date of conviction.

4. Learned A.P.P while opposing has not controverted the same.

5. Heard. Considering the period of custody and the testimony of P.W.-1, I am inclined to suspend the sentence and enlarge the appellant 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 Sessions Judge - IX -cum- Special Judge POCSO, Dhanbad , in connection with Spl. (POCSO) Case No.77 of 2018, on the condition that the appellant shall deposit Rs.20,000/- (Twenty thousand) , as part of the fine amount, in the court below.

6. The appellant shall remain present before the Court, when the appeal is taken up for hearing, failing which his bail shall be cancelled.

7. I.A. No.1324 of 2020 stands allowed.

(AMITAV K. GUPTA, J.) Chandan/-