Sona Mishra @ Sonu @ Sonu Mishra vs The State Of Jharkhand
2023 Latest Caselaw 1188 Jhar

                       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              Criminal Appeal (S.J.) No. 230 of 2022
                                          ....

Sona Mishra @ Sonu @ Sonu Mishra .... Appellant Versus The State of Jharkhand .... Respondent ....

              CORAM:          HON'BLE MR. JUSTICE RAJESH KUMAR

             For the Appellant              : Mr. Ajit Kumar, Sr. Adv.
                                              Mr. Aashish Kumar Thakur, Adv.
                                              Ms. Aprajita Bhardwaj, Adv.
              For the State                 : Mr. Bishambhar Shastri, A.P.P.
                                            ....
06/17.03.2023           I.A. No.12038 of 2022

The instant interlocutory application has been filed on behalf of the appellants 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 dated 05.03.2022 and order of sentence dated 07.03.2022 passed by learned Addl. Sessions Judge-VI, Deoghar in S.T. No.86A of 2007 arising out of Deoghar Town P.S. Case No.251 of 2006, whereby the appellant has been convicted and sentenced to undergo R.I. for five years with a fine of Rs.25,000/- for the offence under Section 363 r/w section 120B of IPC and in default of payment of fine, further sentenced to undergo R.I. for six months.

The prayer for bail of the appellant was earlier dismissed as withdrawn vide order dated 07.09.2022 passed in I.A. No.6452 of 2022.

It has been submitted by learned senior counsel for the appellant that there is no evidence against this appellant. The only material available on record against this appellant is the confession of the co-accused and the victim child himself. The victim child has identified the appellant on the dock and on that basis he has been convicted. This identification in the dock has been assailed on the ground that both the parties are neighbour and both the families are on visiting terms. This appellant was known to the child but he has never uttered any single word before regarding the involvement of this appellant. The appellant has remained in custody for about 16 months. On above basis, prayer for suspension of sentence has been made.

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

Considering the above facts, 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 Addl. Sessions Judge-VI, Deoghar in S.T. Case No.86A of 2007 arising out of Deoghar Town P.S. Case No.251 of 2006.

I.A. No.12038 of 2022 stands disposed of.

(Rajesh Kumar, J.) Shahid/