Shankar Bagti vs The State Of Jharkhand
2023 Latest Caselaw 1344 Jhar

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      Cr. Appeal (SJ) No.116 of 2023
        Shankar Bagti                       ..... Appellant
                                 Versus
        The State of Jharkhand                    ....    Respondent

               CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR

        For the Appellant            :   Mr. Sunil Kr. Mahto, Advocate
        For the State                :   Mr. Arup Kr. Dey, APP
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3/27.03.2023 Heard learned counsel appearing on behalf of the appellant and learned APP appearing on behalf of the State.

IA No. 2266 of 2023 Learned counsel appearing on behalf of the appellant submitted that one IA No. 2266 of 2023 has been filed for confirmation of provisional bail granted by the learned court below, which has been preferred against the judgment of conviction and order of sentence dated 30.01.2023 passed by learned Special Judge, POCSO, Pakur in Special Case No.13 of 2021, whereby and where under the petitioner was convicted u/s 354 of IPC and he has been sentenced to undergo R.I. for one year and fine of Rs.10,000/- and in default of payment of fine, the appellant will further undergo R.I. for two months and the learned court below passed the judgement of conviction and order of sentence and enlarged the appellant on provisional bail till 29/03/2023 vide order dated 30/01/2023 and it is urged on behalf of the appellant that let the provisional bail granted to the appellant by the learned court below be confirmed.

Learned APP appearing on behalf of the State did not controvert that the appellant was granted bail by the learned court below.

Heard the parties, perused the record of this case. The provisional bail granted to the appellant by the learned court below vide order dated 30.01.2023 is hereby confirmed, subject to the condition that the entire fine amount that is a sum of ₹10,000/- awarded by the learned court below be deposited by the appellant before the learned court below within one month, to be given to the PW-1 (victim).

Learned court below is directed to issue notice to the victim PW- 1 and after her appearance and proper identification, the said fine amount as deposited by the appellant shall be disbursed to her by way of compensation, without being prejudice to his right of defence of the appellant.

The appellant is directed to submit the money receipt before this Court within 4 weeks.

I.A. No.2266 of 2023 gets disposed of accordingly. Put up this case on 27/04/2023.

Let the original lower court record be called for from the court concerned below.

(Navneet Kumar, J.) R.Kumar