Suresh Prasad Paswan vs The State Of Jharkhand
2023 Latest Caselaw 593 Jhar

                        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               Criminal Appeal (S.J.) No. 317 of 2022
                                           ....

              Suresh Prasad Paswan                                    ....     Appellant
                                           Versus
             The State of Jharkhand                                    .... Respondent
                                           ....
              CORAM:           HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Appellant               : Mr. Ajay Kumar Singh, Adv.
                For the State                   : Mr. R.R.Ravidas, A.P.P.
                                                ....

04/03.02.2023             I.A. No.450 of 2023

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 07.04.2022 passed by learned Special Judge, POCSO, Dhanbad in Spl. POCSO Case No.50 of 2019 arising out of Saraidhela P.S. Case No.65 of 2019, whereby the appellant has been convicted for the offence under Section 506 of IPC and Section 10 of the POCSO Act and has been sentenced to undergo S.I. for five years with a fine of Rs.5,000/- for the offence under Section 10 of the POCSO Act and in default of payment of fine, further sentenced for one month additional imprisonment. The appellant further sentenced to undergo S.I. for one year with fine of Rs.1,000/- for the offence under Section 506 of IPC and in default of payment of fine further sentenced to undergo imprisonment for seven days.

Earlier the prayer for suspension of sentence of the appellant was rejected vide order dated 23.06.2022 on merit.

Argument has been advanced that there is vital contradiction in the testimony of the victim and submitted that the appellant is aged about more than 63 years and he is suffering from various ailments. On above basis, prayer for suspension of sentence has been made.

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

Having heard learned counsel for the parties and from perusal of record, it appears that the prayer for suspension has already been rejected on merit, I am not inclined to reconsider the same. Accordingly, prayer for suspension of sentence of the appellant stands rejected once again.

I.A. No.450 of 2023 stands dismissed.

(Rajesh Kumar, J.) Shahid/