Charku @ Mukhtar Ansari vs The State Of Jharkhand
2021 Latest Caselaw 87 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   I.A. No. 4590 of 2020
                         in
                   Cr. Appeal (S.J.) No. 410 of 2020
                         ...

Charku @ Mukhtar Ansari .... Appellant

-V e r s u s-

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

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

For the Appellant : Mr. Nikhil Ranjan, Advocate. For the State : Ms. Vandana Bharti, APP For the Informant : Mr. Ajay Kumar Singh, Advocate.

...

I.A. No. 4590 of 2020 ...

07/07.01.2021

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 26.02.2020, passed by the learned Additional Judicial Commissioner-IV-cum- Special Judge (POCSO) Ranchi in POCSO Case No. 106 of 2018 arising out of Narkopi P.S. Case No. 21 of 2018, whereby the appellant was found guilty and convicted for the offence under Section 354 A of the Indian Penal Code and under Section 8 of the Protection of Children From Sexual Offences (POCSO) Act, 2012 and sentenced to undergo rigorous imprisonment of 5 years and fine of Rs.10,000/- in default, thereof, to suffer simple imprisonment of 6 months on each count.

3. Heard the learned counsel for the appellant and the objection raised by the learned A.P.P. assisted by the learned counsel for the informant.

On perusal of the impugned judgment it appears that the court below has discussed the evidence and held the appellant guilty for the offence under Section 354 A of the Indian Penal Code and under Section 8 of the Protection of Children From Sexual Offences (POCSO) Act, 2012 and acquitted him of the offence under Section 376 of the Indian Penal Code.

4. Considering that the appellant has remained in custody for more than 2 years and 5 months out of the imposed sentence of 5 years, 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.106 of 2018 arising out of Narkopi P.S. Case No. 21 of 2018 on the condition that he shall deposit Rs.10,000/- as part of the fine amount in the court below, which shall be disbursed in favour of the victim.

5. In the result, I.A. No. 4590 of 2020 stands allowed.

(AMITAV K. GUPTA, J.) APK