Md. Raushan @ Raushan Khan vs The State Of Jharkhand
2021 Latest Caselaw 62 Jhar

                                 -1-

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   I.A. No.2901 of 2020
                          In
            Cr. Appeal (S.J.) No.249 of 2020

    Md. Raushan @ Raushan Khan
    @ Raushan Kumar                         ......      Appellant

                             Versus
    The State of Jharkhand                  .....    Respondent
                             ---------

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

---------

For the Appellant : Mr. Rakesh Kumar, Advocate For the State : Mr. P. D. Agrawal, A.P.P.

---------

               th
05/Dated: 06        January, 2021

I.A. No.2901 of 2020

1. This interlocutory application has been filed under Section 389(1) of the Code of Criminal Procedure for suspension of sentence and grant of ad-interim bail, to the petitioner/ appellant, during the pendency of the appeal.

2. This appeal is directed against the judgment dated 12.02.2020, passed by the court of learned Additional Sessions Judge - 1st -cum- Special Judge, F.T.C., Bokaro, in Special POCSO Case No.93 of 2019, whereby the appellant was found guilty and convicted for the offences under Sections 341, 323, 447, 354 of the Indian Penal Code and Sections 8 & 12 of the POCSO Act, and sentenced to undergo rigorous imprisonment of three years and to pay the fine of Rs.5,000/-, and in default thereof, to suffer imprisonment of one month.

3. Heard learned counsel for the petitioner/ appellant and learned AP.P. On perusal of testimony of P.W.-1, i.e., the victim, it appears that to a court question she has made contradictory statement and stated that the appellant had only clicked her photograph and had done nothing wrong with her prior to occurrence and he had threatened her after the occurrence.

Considering, the statement of the victim girl, 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 Additional Sessions Judge - 1st -cum- Special Judge, F.T.C., Bokaro, in connection with Special POCSO Case No.93 of 2019, subject to the condition that the appellant shall deposit Rs.5,000/- (Rupees five thousand), the fine amount, in the court below.

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

5. I.A. No.2901 of 2020 stands allowed.

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