Uday Ram vs The State Of Jharkhand
2022 Latest Caselaw 4914 Jhar

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     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    I.A. No.7367 of 2022
                           In
             Cr. Appeal (S.J.) No.597 of 2022

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

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     For the Appellant      : Mr. S. N. P. Rai, Advocate
     For the State          : Mr. Tarun Kumar, A.P.P.
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05/Dated: 06th December, 2022
I.A. No.7367 of 2022

1. This interlocutory application has been filed under Section 389(1) of the Code of Criminal Procedure for suspension of sentence and grant of ad-interim bail, to the appellant, during the pendency of the appeal.

2. The present appeal has been preferred against the judgment of conviction dated 25.01.2020 and order of sentence dated 29.01.2020, passed by the court of learned Additional Sessions Judge- I -cum- Special Judge (POCSO), Sahibganj, in S.C. No.96 of 2017, corresponding to G.R. No.52 of 2017 whereby the appellant has been convicted for the offence under Section 354 of the Indian Penal Code and Section 10 of the POCSO Act and sentenced to undergo simple imprisonment of six years along with fine and default clause for the offence under Section 10 of the POCSO Act.

3. Learned counsel for the appellant has submitted that the appellant has completed half of the sentence as he has remained in custody for about three years and four months out of the maximum imposed sentence of six years. On the above basis, suspension of sentence and grant of ad-interim bail to the appellant has been prayed.

4. On the other hand, learned A.P.P and has opposed the prayer for suspension of sentence.

5. Considering the period of custody, I am inclined to suspend the sentence and enlarge the appellant 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 learned Additional Sessions Judge- I -cum- Special Judge (POCSO), Sahibganj, in S.C. No.96 of 2017, corresponding to G.R. No.52 of 2017, subject to the condition that the appellant will remain present before the Court when the appeal is taken up for hearing, failing which his bail shall be cancelled.

6. However, the court below before issuing the release order will satisfy itself regarding the fact that the appellant has completed half of the sentence. If not, then no release order will be issued rather the matter will be reported to this Court

7. I.A. No.7367 of 2022 stands disposed of.

(Rajesh Kumar, J.) Chandan/-