Jharkhand High Court
Balram Paswan vs The State Of Jharkhand on 2 July, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (S.J.) No. 181 of 2020
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Balram Paswan .... Appellant
Versus
The State of Jharkhand .... Respondent
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
For the Appellant : Mr. Rakesh Kr. Gupta, Adv.
For the State : Mr. Rajendra Ram Ravidas, APP
....
The matter was taken up through Video Conferencing. Learned counsel for the parties had
no objection with it and submitted that the audio and video qualities are good.
04/02.07.2021 I.A. No. 2837 of 2021
This application has been filed under Section 389(1) of the Criminal
Procedure Code on behalf of the appellant, for suspension of sentence and grant of
bail to the appellant, during the pendency of the instant appeal.
The appellant has been convicted for the offence under Sections 12 of
POCSO Act and Section 504 of the Indian Penal Code in Special POCSO Case
No.07 of 2018 corresponding to Koderma P.S. Case No.255 of 2017 (G.R.
No.1294 of 2017) vide judgment and sentence dated 05.02.2020 by the court of
learned Additional Sessions Judge-I-cum-Special POCSO Court, Koderma and
sentenced to undergo R.I. for two years and six months with a fine of Rs.2000/- and
in default of payment of fine, further S.I. for two months and was directed to pay
compensation of Rs.10,000/- to the victim and in default of payment of
compensation, further undergo S.I. for four months for the offence under Section
12 of POCSO Act, further sentenced to undergo R.I. for nine months for the
offence under Section 506 of the IPC and further sentenced to undergo R.I. for six
months for the offence under Section 504 of the IPC.
Learned counsel for the appellant has submitted that earlier the prayer for
bail of the appellant has been dismissed vide order dated 11.11.2020 passed in I.A.
No.2066 of 2020 with an observation that if the appeal is not heard by May, 2021,
the appellant is at liberty to renew his prayer. It has been further submitted that out
of maximum punishment i.e. 2 ½ years, the appellant has already remained in
custody for one year eight months and twenty days. On above facts, prayer for
suspension of sentence has been made.
Learned APP has opposed the prayer.
Considering the material available on record and the period of custody, I
am inclined to suspend the sentence of this appellant, accordingly the appellant is
directed to be enlarged on bail, 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-I-cum-Special POCSO Court, Koderma in
Special POCSO Case No.07 of 2018 corresponding to Koderma P.S. Case No.255
of 2017 (G.R. No.1294 of 2017), subject to the condition that the appellant will
deposit Rs.15,000/- as ad interim compensation in the court below before his
release and the said amount will be released in favour of the victim further the
appellant shall remain present before the Court as and when the appeal is taken up
for hearing, failing which his bail bond shall be cancelled.
I.A. No.2837 of 2021 stands disposed of.
(Rajesh Kumar, J.)
Shahid/
