Babulal Sharma vs The State Of Jharkhand
2023 Latest Caselaw 2661 Jhar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  Cr. Appeal (S.J.) No. 874 of 2022
        Babulal Sharma.                          .... ...Appellant
                               Versus
        The State of Jharkhand.                  .... ...Respondent
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND

For the Appellant : Mr. Ajit Kumar, Advocate For the State : Mr. Tarun Kumar, A.P.P.

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05/ 07.08.2023

I.A.No. 11744 of 2022

The instant Interlocutory Application is for

suspension of sentence and to release the appellant on bail

during the pendency of this Cr. Appeal.

2. Learned Counsel for the appellant has submitted

that the impugned Judgment of conviction and sentence passed

by the court below is based on wrong appreciation of the

evidence on record. There is no eye-witness of the occurrence.

There was property dispute between the parties. The appellant

is also 67 years old and he had no intention to outrage the

modesty of the minor girl and contended to keep the sentence

in abeyance and to release the appellant on bail during the

pendency of the appeal since this appeal is not likely to be heard

in near future and it is of the year 2022.

3. The learned A.P.P. opposed the contentions made by

the learned Counsel for the appellant and contended that the

impugned Judgment of conviction and sentence passed by the

court-below does not bear any infirmity. The victim has

thoroughly corroborated the prosecution story and she has told

to her mother and father as well. Mother was examined as P.W.5

while the father was examined as P.W.2.

4. In view of the submissions made and also taking into

consideration that the appeal is not likely to be heard in near

future the I.A.No.11744 of 2022 is hereby allowed. The sentence

passed by the court-below is kept in abeyance during the

pendency of this appeal.

5. In consequence thereof, the appellant is directed to

be released on bail on furnishing bail bond of Rs.20,000/-

(Rupees Twenty Thousand) with two sureties of like amount

each to the satisfaction of the Special Judge (POCSO) East

Singhbhum, Jamshedpur in Special (POCSO) Case No. 38 of

2019 arising out of Ghatshila (Moubhandar) P.S. Case No. 31 of

2019.

6. In view thereof, I.A.No.11744 of 2022 is disposed of.

Cr. Appeal (S.J.) No. 874 of 2022

List this appeal for hearing as per seriatum.

(Subhash Chand, J.) P.K.S.