Santosh Paswan @ Santosha Paswan vs The State Of Jharkhand
2022 Latest Caselaw 3532 Jhar

                       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              Criminal Appeal (S.J.) No. 385 of 2022
                                          ....

Santosh Paswan @ Santosha Paswan .... Appellant Versus The State of Jharkhand .... Respondent ....

              CORAM:          HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Appellant             : Mr. Suraj Singh, Adv.
                For the State                 : Mrs. Nehala Sharmin, APP
                                              ....

05/05.09.2022             I.A. No.7339 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 09.05.2022 and 13.05.2022 respectively passed by learned Special Judge, POCSO Act, Garhwa in POCSO Case No.44 of 2017, arising out of Meral P.S. Case No.126 of 2017, whereby the appellant has been convicted for the offence under Sections 354 and 509 of IPC and Section 8 of the POCSO Act and has been sentenced to undergo R.I. for four years with a fine of Rs.10,000/- for the offence under Section 8 of the POCSO Act and in default of payment of fine, further sentenced to undergo S.I. for one year and further sentenced to undergo S.I. for one year with a fine of Rs.5,000/- for the offence under Section 509 of IPC and in default of payment of fine further sentence to undergo S.I. for two months and 50% of the fine amount should be paid to the victim.

Learned counsel for the appellant has submitted that there is land dispute between the parties and they are gotias and false implication cannot be ruled out. On above fact, prayer for suspension of sentence has been made.

Learned A.P.P. has opposed the prayer for bail and has submitted that the victim girl has stood to the cross-examination and other witnesses have also supported the allegation.

Considering the materials available on record, I am not inclined to suspend the sentence and enlarge the appellant on bail at this stage. Accordingly, prayer for suspension of sentence stands rejected.

I.A. No.7339 of 2022 stands rejected.

(Rajesh Kumar, J.) Shahid/