Jharkhand High Court
Mahavir Giri @ Mahavir Goswami vs The State Of Jharkhand on 2 May, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 563 of 2022
Mahavir Giri @ Mahavir Goswami --- --- Appellant
Versus
1.The State of Jharkhand
2.Karina Kumari --- --- Respondents
.......
CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
For the Appellant : M/s Kaushik Sarkhel, Gaurav Abhishek, Advocates
For the State : Mr. Satish Prasad, A.P.P.
For the Resp. No.2 : Mr. Rajesh Kumar Mahtha, Advocate
04/02.05.2023 Heard the learned counsel appearing on behalf of the appellant
and the learned A.P.P. appearing on behalf of the State assisted by
learned counsel appearing on behalf of the victim, respondent no.2 on
I.A. No. 9769 of 2022.
It is submitted on behalf of the appellant that the instant
interlocutory application has been filed on behalf of the appellant with a
prayer to release him on bail during pending of this appeal.
The instant appeal was preferred against the judgment dated
10.02.2022 and the order of sentence dated 11.02.2022 passed by the
learned District and Additional Sessions Judge-I cum Special Judge,
POCSO, Bokaro in connection with Special POCSO Case No. 66 of
2021 whereby and where under the appellant has been convicted under
Section 354(b), 506 of the I.P.C and Section 12 of the POCSO Act and
has been sentenced to undergo R.I. for 3 years and a fine of Rs.5000/-
and a default sentence u/s 354(b) of the IPC; R.I. for 2 years and a fine
of Rs.2000/- and a default sentence u/s 506 of the IPC and R.I. for 2
years with a fine of Rs.3000/- and a default sentence u/s 12 of the
POCSO Act.
It has been pointed out on behalf of the appellant that he is in jail
since 24.06.2021 and the maximum sentenced awarded in this case is 3
years and almost 2 years of sentence has been served by the appellant.
Further, it has been pointed out that the alleged incident had taken place
on 13.06.2021 and the F.I.R was instituted on 18.06.2021 after inordinate
delay of 5 days without any cogent reason. Further, it has been pointed
out that more than half of the sentence has been served by the appellant
in this appeal and this appeal is not likely to be taken up for hearing in
the near future and therefore, the appellant deserves to be enlarged on
bail. Further, it is submitted that the appellant agrees to make payment of
the fine amount imposed by the learned court below towards victim
compensation to the victim (P.W.2).
On the other hand the learned A.P.P. appearing on behalf of the
State assisted by learned counsel appearing on behalf of the informant-
victim respondent no.2 has opposed the prayer of bail made on behalf of
the appellant.
I have heard the parties and perused the record of the case. In the
light of the persuasive submission advanced by the learned counsel for
the appellant, it is found just and proper to enlarge the appellant on bail.
Accordingly, the appellant, named above, is directed to be enlarged on
bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five
Thousand) with two sureties of the like amount each to the satisfaction
of learned District & Additional Sessions Judge 1st cum Special Judge
(POCSO), Bokaro in connection with Special POCSO Case No. 66 of
2021 subject to the condition as set out under Section 439 of the Cr.P.C
and further subject to the condition that the appellant shall pay the entire
fine amount as awarded by the learned court below under different
heads/ forms, which comes to Rs. 10,000/- (Rupees Ten Thousand only)
by way of compensation in order to give it to the victim P.W.2 without
being prejudiced to his right of defence.
The learned court below is also directed to issue notice to the
P.W.2. when the said find amount is deposited by the appellant. After her
appearance and on proper identification the said amount of fine i.e.,
Rs.10,000/- (Rupees Ten Thousand) shall be disbursed to the victim
P.W.2 without any prejudice to the rights of the appellant.
I.A. No. 9769 of 2022 is allowed. The scanned copy of the LCR
has been received. Let this case be listed under the heading for hearing
in seriatim.
(Navneet Kumar, J.)
A.Mohanty
