Saheb Ansari @ Ekram Ansari vs The State Of Jharkhand
2022 Latest Caselaw 4657 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                  Cr. Appeal (DB) No. 102 of 2019
                                                 ---

1. Saheb Ansari @ Ekram Ansari

2. Roushan Kumar Saw --- --- Appellants Versus The State of Jharkhand --- --- Respondent

---

CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Hon'ble Mr. Justice Kailash Prasad Deo Through: Video Conferencing

---

              For the Appellants:        Mr. Gajendra Prasad Roy, Advocate
              For the Respondent:        Ms. Nehala Sharmin, A.P.P.
                                        ---
09 / 21.11.2022      Heard learned counsel for the appellants and learned A.P.P for the State

on the renewed prayer for suspension of sentence made by these appellants through I.A. No. 7673/2022.

2. Both the appellants stood convicted for the offence punishable under sections 341/34, 323/34, 307/34, 354/34 and 376D of the Indian Penal Code and section 6 of POCSO Act and have been acquitted of the charges for the offence punishable under section 3(1)(w)(i) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act vide judgment dated 11.01.2019 passed by the court of learned Additional Sessions Judge-1-cum-Special Judge, POCSO-cum- Children Court, Dhanbad in Special POCSO Case No. 46/18 and they have been sentenced to undergo imprisonment in the following manner, vide order of sentence dated 15.01.2019.

i. Imprisonment for one year each under section 323/34 of the Indian Penal Code.

ii. S.I for one month each under section 341/34 of the Indian Penal Code. ii. R.I for ten years each with a fine of Rs. 10,000/- each and default sentence under section 307/34 of the Indian Penal Code.

iii. R.I for ten years each with a fine of Rs. 10,000/- each and default sentence under section 6 of POCSO Act. However, No separate sentence has been awarded under section 354/34 and 376D of the Indian Penal Code.

3. Learned counsel for the appellants submits that the mother of the victim (PW-4) has turned hostile. The victim girl has been examined as PW-1. It is submitted that there are several contradictions as the victim has admitted in her fardbeyan that she was unconscious at the time of recording of her fardbeyan. Therefore, the entire version under section 164 of the Cr. P.C is not believable. PWs-2, 4, 5, 6 and 7 are hearsay witnesses. Both the appellants have remained

in custody since 17.08.2017 i.e. five years and four months against the maximum sentence of ten years imposed upon them. As such, appellants who were juvenile at the time of commission of offence and have been tried by the Children's Court, may be enlarged on bail by suspending their sentence, so that they can reform themselves and get rehabilitated into the society.

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

5. We have considered the submissions of learned counsel for the parties and materials placed on record and that the appellants who were tried as juvenile by the Children's Court, have remained in custody for approximately five years and four months i.e. more than half of the sentence awarded, we are inclined to enlarge the appellants on bail. Accordingly, appellants, above named, shall be released on bail, during the pendency of this appeal, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-1-cum-Special Judge, POCSO-cum-Children Court, Dhanbad in Special POCSO Case No. 46/18, subject to the condition that one of the bailors shall be the close relative of the appellants and the other bailors shall be the deponent of this I.A. namely, Ravi Kumar, S/o Surendra Saw, R/o 295, River Side Sudamdih, Dhanbad Nirsa-cum-Chirkunda, Jharkhand and the appellants and the bailors shall submit their Aadhar Card at the time of their release and shall not change their address or mobile nos. without permission of the learned Trial Court. I.A. No. 7673/2022 stands disposed of.

Let the name of Ms. Nehala Sharmin, A.P.P be reflected in the cause list henceforth in place of the erstwhile A.P.P Mr. Tapas Roy.

(Aparesh Kumar Singh, J)

(Kailash Prasad Deo, J) Ranjeet/