Ranjan Pandit @ Manoranjan Pandit ... vs The State Of Jharkhand
2022 Latest Caselaw 3122 Jhar

                          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               Criminal Appeal (S.J.) No. 98 of 2022
                                           ....

Ranjan Pandit @ Manoranjan Pandit @ Manoranjan Kumar Pandit .... Appellant Versus The State of Jharkhand .... Respondent ....

                CORAM:HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Appellant                : Mr. Aashish Kumar, Adv.
                For the State                    : Mr. A.K.Tiwari, APP
                                                 ....
05/10.08.2022             I.A. No.1641 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 17.02.2022 passed by learned Special Judge (POCSO), Godda in Special POCSO Case No.24 of 2018 arising out of Lalmatia P.S. Case No.19 of 2018 corresponding to G.R. No.266 of 2018, whereby the appellant has been convicted for the offence under Section 363 of IPC and Section 8 of the POCSO Act and the maximum sentence imposed upon the appellant is R.I. for seven years with a fine of Rs.50,000/- for the offence under Section 363 of IPC and in default of payment of fine, further sentenced to undergo R.I. for one year.

Learned counsel for the appellant has submitted that as per the prosecution story the girl aged about 17 years and this appellant aged about 23 years have got marriage against the wish of their guardian. Subsequently, the girl has repudiated from statement of marriage and ultimately on the material available on record, he has been convicted under Section 363 of IPC and Section 8 of the POCSO Act. Attention has been drawn to the statement of the victim made in para-16 of her cross-examination, whereby the victim has admitted that she has deposed as per the instruction. On above fact, prayer for suspension of sentence has been made.

Learned A.P.P. has opposed the prayer for bail.

Considering the above facts, I am inclined to suspend the sentence and enlarge the appellant on bail, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (POCSO), Godda in Special POCSO Case No.24 of 2018 arising out of Lalmatia P.S. Case No.19 of 2018 corresponding to G.R. No.266 of 2018, subject to the condition that the appellant will submit self attested copy of his Aadhar Card and also give his mobile number before the learned court below, which he will not change during pendency of this case without prior permission of the court.

I.A. No.1641 of 2022 stands disposed of (Rajesh Kumar, J.) Shahid/