Vikas Rawani vs The State Of Jharkhand
2023 Latest Caselaw 2311 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     Cr. Appeal (SJ) No. 408 of 2023
     Vikas Rawani                                   --- --- Appellant

                                        Versus
     The State of Jharkhand                                 --- --- Respondent
                                               .......

CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR

For the Appellant : Mr. Mukesh Bihari Lal, Advocate For the State : Mr. Bhola Nath Ojha, A.P.P.

I.A. No. 5637 of 2023

02/14.07.2023 Heard learned counsel for the appellant and the learned A.P.P. on behalf of the State on the instant interlocutory application seeking confirmation of provisional bail granted to the appellant by the court below.

2. This appeal is directed against the judgment of conviction and order of sentence dated 16.06.2023 passed in Spl. (POCSO) Case No. 168 of 2021 arising out of Purbi Tundi P.S. Case No. 67 of 2021 by the court of learned Special Judge-POCSO Act, Dhanbad whereby the appellant has been convicted for the offence punishable under Section 323,354 of the IPC and Section 8 of the POCSO Act and has been sentenced to undergo R.I. for 3 years with a fine of Rs.5000/- and a default sentence u/s 8 of the POCSO Act; imprisonment for 6 months with a fine of Rs.500/- and a default sentence u/s 323 IPC.

3. It has been pointed out on behalf of the appellant that appellant was granted provisional bail vide order dated 16.06.2023 for a period of one month. It has been pointed out on behalf of the appellant that the maximum sentence awarded to the appellant is 3 years for the offence punishable under Section 8 of the POCSO Act along with Section 323 of the IPC and therefore it is urged on behalf of the appellant that let the provisional bail granted to him be confirmed.

4. Learned A.P.P on behalf of the State is present.

5. In view of the aforesaid submissions made on behalf of the appellant, the provisional bail granted to the appellant vide order dated 16.06.2023 by the court of learned Special Judge-POCSO Act, Dhanbad in connection with Spl.(POCSO) Case No. 168 of 2021 arising out of Purbi Tundi P.S. Case No. 67 of 2021 is hereby confirmed, subject to the condition that the entire fine amount as imposed by the learned court below under all the heads/counts i.e., Rs.5500/- (Rupees Five Thousand

Five Hundred only) shall be deposited by the appellant in order to give it to the victim P.W.1 by way of compensation without being prejudiced to his right of defence.

6. Since the appellant is on provisional bail, he is directed to deposite the aforesaid fine amount in the court below within a period of 4 weeks from today to give it to the injured P.W.1 without being prejudiced to his right of defence. On deposit of the said fine amount by the appellant, learned court below shall issue notice upon P.W.1 and on her appearance and on proper identification, the said fine amount be disbursed to her by way of compensation without being prejudice to the right of defence of the appellant.

7. Appellant is directed to furnish the money receipt of the deposit of the fine amount before this court immediately, thereafter. I.A. No. 5637 of 2023 is allowed.

Cr. Appeal (SJ) No. 408 of 2023 This appeal is admitted for hearing.

Issue notice.

Call for the scanned copy of the lower court record in connection with Spl. (POCSO) Case No. 168 of 2021 arising out of Purbi Tundi P.S. Case No. 67 of 2021 from the court of learned Special Judge-POCSO Act, Dhanbad.

(Navneet Kumar, J.) A.Mohanty