Ankit Kumar vs The State Of Jharkhand
2022 Latest Caselaw 3333 Jhar

                      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Criminal Appeal (S.J.) No. 428 of 2022
                                         ....

             Ankit Kumar                                            ....    Appellant
                                         Versus
            The State of Jharkhand                                   .... Respondent
                                         ....
             CORAM:          HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Appellant              : Mr. Ajit Kumar, Adv.
                For the State                  : Mrs. Lily Sahay, APP
                                               ....

03/23.08.2022             I.A. No.7642 of 2022

Learned counsel for the appellant does not want to press this interlocutory application.

This interlocutory application accordingly dismissed as not pressed. I.A. No.6603 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 13.05.2022 and 17.05.2022 respectively passed by learned Spl. Judge, Bokaro in Spl. POCSO Case No.47 of 2019, whereby the appellant has been convicted under Section 366A of IPC and Section 12 of the POCSO Act and has been sentenced to undergo R.I. for seven years with a fine of Rs.5,000/- for the offence under Section 366A of IPC and in default of payment of fine, further sentenced to undergo S.I. for two months and further sentenced to undergo R.I. for three years with a fine of Rs.2,000/- and in default of payment of fine further sentenced to undergo S.I. for one month.

Learned counsel for the appellant has submitted that as per the prosecution story he has kidnapped the girl for the purpose of marriage and as such the offence under Section 366A is not made out. Further he has been punished for Section 12 of the POCSO Act and maximum sentence of three years has been awarded. On above basis, prayer for suspension of sentence has been made.

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

It appears that the appellant was all along on bail and he is in custody since 13.05.2022.

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 Spl. Judge, Bokaro in Spl. POCSO Case No.47 of 2019, 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.6603 of 2022 stands disposed of.

(Rajesh Kumar, J.) Shahid/