Roshan Karmali vs The State Of Jharkhand
2022 Latest Caselaw 2817 Jhar

                        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               Criminal Appeal (S.J.) No. 533 of 2021
                                           ....

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

                For the Appellant             : Md. Zaid Ahmed, Adv.
                For the State                 : Mrs. Priya Shrestha, A.P.P.
                                              ....
03/21.07.2022             I.A. No.7399 of 2021

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 23.11.2021 and 25.11.2021 respectively passed by learned Addl. Sessions Judge-1st-cum-FTC, Special Judge, POCSO, Ramgarh in Spl. POCSO Case No.08 of 2018, arising out of Patratu (Bhurkunda) P.S. Case No.131 of 2018, whereby the appellant has been convicted and sentenced to undergo R.I. for five years with a fine of Rs.5,000/- for the offence under Section 10 of the POCSO Act and in default of payment of fine, further sentenced to undergo R.I. for one year.

Learned counsel for the appellant has submitted that the appellant has remained in custody for four years out of the maximum punishment of five years. On above fact, prayer for suspension of sentence has been made.

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

Considering the period of custody, 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 Addl. Sessions Judge-1st-cum-FTC, Special Judge, POCSO, Ramgarh in Spl. POCSO Case No.08 of 2018, arising out of Patratu (Bhurkunda) P.S. Case No.131 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.

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

I.A. No.7399 of 2021 stands disposed off.

(Rajesh Kumar, J.) Shahid/