Junaid Alam vs The State Of Jharkhand
2021 Latest Caselaw 1127 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   I.A. No. 2427 of 2020
                         in
                   Cr. Appeal (S.J.) No. 204 of 2020
                         ...

Junaid Alam                            ....          Appellant
                         -V e r s u s-
The State of Jharkhand                      .....    Respondent
                         ...
Coram:        HON'BLE MR. JUSTICE AMITAV K. GUPTA
                        ...

For the Appellant : Mr. Md. Zaid Ahmed, Advocate. For the State : Ms. Vandana Bharti, APP.

...

I.A. No. 2427 of 2020 ...

03/05.03.2021

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 13.02.2020,

passed by the court of the learned Additional Sessions Judge-I,

Garhwa in POCSO No. 50 of 2017, whereby the appellant has been

found guilty and convicted for the offence under Sections 363 and 366

of the Indian Penal Code and Section 8 of the Protection of Children

(From Sexual Offences) Act, 2012 (for short POCSO Act) and

sentenced to undergo rigorous imprisonment of 5, 7 and 4 years

respectively and a fine of Rs.10,000/-, Rs.20,000/- and Rs.5,000/- in

default, thereof, to suffer further 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.

On perusal of the materials on record, it appears that the victim,

P.W. 1, has deposed that, she, on her own accord had gone with the appellant to visit Singrauli. She had told her mother about it and she

stayed with the appellant and his father in his house. She was brought

home by the brother of the appellant. She has deposed that she gave

her statement under Section 164, Cr.P.C. on the pressure of the police.

She has stated that the appellant had not indulged in any inappropriate

act with her.

In view of the testimony of P.W. 1, the appellant is directed to be

released 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-I, Garhwa in connection with POCSO No.50 of 2017 on the

condition that he shall deposit Rs.5,000/- as part of the fine amount in

the court below.

4. In the result, I.A. No. 2427 of 2020 stands allowed.

(AMITAV K. GUPTA, J.) APK