Shailendra Kumar Mahto vs State Of Jharkhand
2021 Latest Caselaw 2189 Jhar

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     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    I.A. No.4776 of 2020
                           In
             Cr. Appeal (S.J.) No.1571 of 2018

     Shailendra Kumar Mahto
     @ Lakhindra Mahato                     ......      Appellant
                           Versus
     State of Jharkhand                     .....   Respondent
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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     For the Appellant     : Mr. N. K. Jaiswal, Advocate
     For the State         : Mr. A. K. Pandey, A.P.P.
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          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.

10/Dated: 05th July, 2021

I.A. No.4776 of 2020

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

2. The appeal has been preferred against the judgment of conviction dated 04.10.2018 and order of sentence dated 12.10.2018, passed by the court of learned Sessions Judge, Bokaro, in Special (POCSO) Case No.27 of 2017, arising out of Kasmar P.S. Case No.13 of 2017, whereby the appellant has been convicted for the offence under Section 376 of the Indian Penal Code, and sentenced to undergo rigorous imprisonment of seven years and fine of Rs.25,000/- (Rupees twenty five thousand), in default thereof, to suffer rigorous imprisonment of six months.

3. It has been submitted by the learned counsel for the appellant that earlier I.A. No.270 of 2019 was moved by the appellant for suspension of sentence, which has been dismissed as not pressed vide order dated 06.07.2019. Now, the appellant has renewed the prayer for suspension of sentence on the ground that he has served half of the sentence, i.e., more than four years out of the maximum awarded sentence of seven years. Although the appellant was

earlier charged for the offence under Sections 4/8 of the POCSO Act, but during trial, the age of the victim has been assesed as 21 years, hence he has been punished only for the offence under Section 376 of the I.P.C.

4. On the other hand, learned A.P.P has opposed the prayer for bail.

5. Considering the period of custody of the appellant, 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 Sessions Judge, Bokaro, in connection with Special POCSO Case No.27 of 2017, arising out of Kasmar P.S. Case No.13 of 2017, subject to the condition that the appellant shall deposit the fine amount of Rs.25,000/- (Twenty five thousand) in the court below, which shall be released in favour of the victim.

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.4776 of 2020 stands allowed.

(Rajesh Kumar, J.) Chandan/-