Mukesh Kumar Pandey @ Mukesh Kr. ... vs The State Of Jharkhand
2022 Latest Caselaw 3641 Jhar

                       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              Criminal Appeal (S.J.) No. 498 of 2022
                                          ....

Mukesh Kumar Pandey @ Mukesh Kr. Pandey .... Appellant Versus The State of Jharkhand .... Respondent ....

              CORAM:          HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Appellant               : Mr. Aashish Kumar, Adv.
                For the State                   : Mr. Shree Prakash Jha, APP
                                                ....

03/12.09.2022             I.A. No.7710 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 01.07.2022 passed by learned Special Judge (POCSO), Godda in Special POCSO Case No.16 of 2022 arising out of Sunderpahari P.S. Case No.58 of 2021, G.R. No.186 of 2022, whereby the appellant has been convicted under Sections 354(A) of IPC and Section 8 of the POCSO Act and sentenced to undergo R.I. for four years with a fine of Rs.50,000/- for the offence under Section 8 of POCSO Act and in default of payment of fine, further sentenced to undergo R.I. for one year.

It has been submitted by learned counsel for the appellant the prosecution story itself suggests that the offence under Section 8 of the POCSO Act is not made out and further maximum punishment prescribed under Section 354(A) is three years imprisonment. The appellant is in custody since the date of conviction. On above fact, prayer for suspension of sentence has been made.

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

Considering the materials available on record and prima facie no offence under Section 8 of the POCSO Act is made out and appellant was all along on bail and he has not been attributed with the overt act, 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 Special Judge (POCSO), Godda in Special POCSO Case No.16 of 2022 arising out of Sunderpahari P.S. Case No.58 of 2021, G.R. No.186 of 2022, subject to the condition that the appellant will submit self attested copy of his Aadhaar 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.

I.A. No.7710 of 2022 stands disposed of.

(Rajesh Kumar, J.) Shahid/