Muslim @ Md. Muslim Ansari @ Muslim ... vs The State Of Jharkhand
2022 Latest Caselaw 2999 Jhar

                        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               Criminal Appeal (S.J.) No. 392 of 2022
                                           ....

Muslim @ Md. Muslim Ansari @ Muslim Ansari .... Appellant Versus The State of Jharkhand .... Respondent ....

              CORAM:           HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Appellant              : Mr. Raja Ravi Shekhar Singh, Adv.
                For the State                  : Mrs. Priya Shrestha, Spl. P.P.
                                               ....
05/03.08.2022               I.A. No.4500 of 2022

The instant interlocutory application has been filed on behalf of the appellant for suspension of sentence and grant of ad interim bail, during pendency of the instant appeal.

This criminal appeal has been filed against the judgment of conviction and order of sentence dated 12.04.2022 and 18.04.2022 respectively passed by learned Special Judge, POCSO, Sahibganj in POCSO Case No.09 of 2020, arising out of Barhait P.S. Case No.24 of 2020, whereby the appellant has been convicted for the offence under Section 10 of POCSO Act and under Section 376/511 of IPC and sentenced to undergo R.I. for five years with a fine of Rs.10,000/- for the offence under Section 10 of POCSO Act and Section 376/511 of IPC and in default of payment of fine, further sentenced to undergo S.I. for six months for each offences.

Innocence has been claimed and it has been submitted that there are several contradictions between the deposition of witnesses and further this appellant has already remained in custody for half of the sentence i.e. two and half years. On above facts, prayer for suspension of sentence has been made.

Learned Spl. P.P. has opposed the prayer for suspension of sentence of the appellant.

Having heard learned counsel for the parties and from perusal of record, it appears that there is sufficient material against this appellant and in fact the victim girl aged about 09 years has supported the allegation.

Considering the deposition of the victim girl and the other witnesses, I am not inclined to suspend the sentence and enlarge the appellant on bail at this stage. Accordingly, prayer for suspension of sentence of the appellant stands rejected.

I.A. No.4500 of 2022 stands rejected.

(Rajesh Kumar, J.) Shahid/