Ramsingashan Paswan vs The State Of Jharkhand
2022 Latest Caselaw 3554 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 Criminal Appeal (S.J.) No.459 of 2022
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Ramsingashan Paswan .... .... 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 : Mrs. J. Mazumdar, Adv. For the State : Mr. Vineet Kr. Vashistha, A.P.P.

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th 03/Dated: 07 September, 2022

I.A. No.7121 of 2022

1. The present interlocutory application has been filed on behalf of the appellant for grant of ad-interim bail during the pendency of this appeal.

2. Heard learned counsel for the appellant and learned counsel for the State.

3. The appellant has been convicted for the offence under Sections 354/354B of the Indian Penal Code and under Section 10 of the POCSO Act vide judgment of conviction 06.06.2022 and by order of sentence dated 13.06.2022 the appellant has been sentenced to undergo rigorous imprisonment for six year and fine of Rs.3,000/- for the offence under Section 10 of the POCSO Act in default thereof, further to undergo three months separate rigorous imprisonment, rigorous imprisonment for five years and fine of Rs.3,000/- for the offence under Section 354 of the IPC, in default thereof, to undergo three months rigorous imprisonment separately, passed by the learned Special Judge (POCSO), East Singhbhum, Jamshedpur in Special (POCSO) Case No.04 of 2019 arising out of Mango (Ulidih) P.S. Case No.306 of 2018.

4. It has been submitted by the learned counsel for the appellant that the appellant has remained in custody for more than half of the sentence. On the above basis, the prayer for bail has been made.

5. On the other hand, learned counsel for the State has opposed the prayer for bail.

6. Considering the above facts, the appellant named above, is directed to be released on bail, on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of the learned Special Judge (POCSO), East Singhbhum at Jamshedpur in connection with Special (POCSO) Case No.04 of 2019 arising out of Mango (Ulidih) P.S. Case No.306 of 2018, subject to 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.

7. In the result, the present interlocutory application being I.A. No.7121 of 2022 stands allowed.

8. However, the court below is directed to ensure "whether the appellant has remained in custody for more than half of the sentence or not?" If not, then the appellant shall not be released and the matter should be reported to this Court.

(Rajesh Kumar, J.)

Amar/-