Nandu Sah @ Shashi Nandan vs The State Of Jharkhand
2022 Latest Caselaw 2742 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 Criminal Appeal (S.J.) No.58 of 2022
                                ----

Nandu Sah @ Shashi Nandan .... .... Appellant Versus The State of Jharkhand .... .... Respondent

----

CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

----

For the Appellant                    : Mr. Manoj Kr. Sah, Adv.
For the State                        : Mr. Satish Prasad, A.P.P.
                                ----
              th
03/Dated: 19 July, 2022

      I.A. No.1005 of 2022

1. This interlocutory application has been filed on behalf of the appellant under Section 389 (1) of the Code of Criminal Procedure, for suspension of sentence and releases him on bail, during pendency of the instant appeal.

2. The appellant has been convicted for the offence under Section 366 of the Indian Penal Code and under Section 8 of the POCSO Act vide judgment of conviction and order of sentence dated 18.01.2022 by which the appellant has been sentenced to undergo rigorous imprisonment for seven years and fine of Rs.25,000/- for the offence under Section 366 of I.P.C. in default thereof, further to undergo six months simple imprisonment and rigorous imprisonment for three years and fine of Rs.10,000/- for the offence under Section 8 of the POCSO Act, in default thereof, to undergo three months simple imprisonment, passed by the learned Special Judge (POCSO), Godda in Special POCSO Case No.24 of 2019 arising out of Pathargama P.S. Case No.54 of 2019 corresponding to G.R. Case No.57 of 2019.

3. It has been submitted by the learned counsel for the appellant that the medical evidence does not support the allegation of rape and further the age of the victim has been assessed around 17 years after medical. Both the parties have married and they wants to lead a happy matrimonial life.

4. On the other hand, learned counsel for the State has supported the contention of the appellant.

5. In peculiar facts and circumstances of the case, I am inclined to suspend the sentence of the appellant and enlarge him on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (POCSO), Godda in Special POCSO Case No.24 of 2019 arising out of Pathargama P.S. Case No.54 of 2019 corresponding to G.R. Case No.57 of 2019, subject to the condition that the appellant will submit self-attested photocopy of his Aadhar Card and also submit his mobile number before the learned court below which he will always keep active and will not change it during pendency of this case without prior permission of the court.

6. In the result, I.A. No.1005 of 2022 is, hereby, allowed.

7. The appellant shall remain present before the Court, when the appeal is taken up for hearing, failing which his bail shall be cancelled.

(Rajesh Kumar, J.)

Amar/-