Karamchand Oraon vs The State Of Jharkhand
2022 Latest Caselaw 3497 Jhar

                           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                Criminal Appeal (S.J.) No. 283 of 2022
                                            ....

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

                For the Appellant                 : Mr. A.K.Kashyap, Sr. Adv.
                                                    Mr. Anil Kr. Sinha, Adv.
                For the State                     : Mr. A.P.Topno, APP
                                                  ....
03/31.08.2022              I.A. No.3578 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 28.03.2022 passed by learned Distt. & Additional Sessions Judge- I-cum-Special Judge (POCSO), Lohardaga in S.T. Case No.111 of 2016 arising out of Kisko P.S. Case No.27 of 2016 corresponding to G.R. No.451 of 2016, whereby the appellant has been convicted under Sections 376/ 511/ 354(B)/ 506 of IPC and Section 4/18 of POCSO Act and the maximum sentence imposed upon the appellant is R.I. for seven years with a fine of Rs.10,000/- for the offence under Section 376/511 of IPC and in default of payment of fine, further sentenced to undergo R.I. for one month.

Learned senior counsel for the appellant has submitted that there is no ascertainment of date of birth as two school leaving certificates have been produced and both are not marked and not proved by the issuing authority. Further, the victim has not been medically examined. Referring to the deposition of I.O. it has been further submitted that room could have been closed and there was no sign of forceful entry. It has been further submitted that even if the allegation is taken to be in its face value, at best it is a case of under Section 354 of IPC. On above basis, prayer for suspension of sentence has been made.

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

Considering the fact of the case, 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 Distt. & Additional Sessions Judge-I-cum-Special Judge (POCSO), Lohardaga in S.T. Case No.111 of 2016 arising out of Kisko P.S. Case No.27 of 2016 corresponding to G.R. No.451 of 2016, 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.3578 of 2022 stands disposed of.

(Rajesh Kumar, J.) Shahid/