Sandeep Kumar vs The State Of Jharkhand
2022 Latest Caselaw 3670 Jhar

                       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              Criminal Appeal (S.J.) No. 467 of 2022
                                          ....

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

                For the Appellant                : Mr. Anjani Kumar, Adv.
                For the State                    : Mr. V.S.Sahay, APP
                                                 ....

03/13.09.2022             I.A. No.8162 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 21.04.2022 and 30.04.2022 respectively passed by learned Spl. Judge POCSO Act, West Singhbhum at Chaibasa in connection with Special POCSO Case No.36 of 2019 arising out of Toklo P.S. Case No.10 of 2019, whereby the appellant has been convicted under Sections 363/34 & 354A of IPC and Section 8 of the POCSO Act and the maximum sentence imposed upon the appellant is R.I. for four years with a fine of Rs.5,000/- for the offence under Section 363/34 of IPC and in default of payment of fine, further sentenced to undergo S.I. for three months.

Submission has been advanced by referring to the deposition of the victim girl-P.W.-1 that the entire allegation is against Santu Yadav and they were in relationship earlier also. This appellant has merely accompanied them. Further, the appellant is in custody about more than nine months. On above fact, prayer for suspension of sentence has been made.

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

Considering the above facts and the deposition of the victim girl, 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 Spl. Judge POCSO Act, West Singhbhum at Chaibasa in connection with Special POCSO Case No.36 of 2019 arising out of Toklo P.S. Case No.10 of 2019, 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.8162 of 2022 stands disposed of.

(Rajesh Kumar, J.) Shahid/