Jharkhand High Court
Prakash Rai @ Prakash Roy vs The State Of Jharkhand on 9 May, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (D.B.) No.323 of 2019
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Prakash Rai @ Prakash Roy .... Appellant
Versus
The State of Jharkhand .... Respondent
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
HON'BLE MR. JUSTICE KAILASH PRASAD DEO
For the Appellant : Mr. Rahul Pandey, Adv.
For the State : Mrs. Priya Shrestha, Spl. P.P.
....
The matter was taken up through Video Conferencing. Learned counsel for the parties had
no objection with it and submitted that the audio and video qualities are good.
.....
04/09.05.2023 I.A. No.3100 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 30.01.2019 and 31.01.2019 respectively passed by the
learned Addl. Sessions Judge-I-cum-Special Judge, POCSO-cum-Children Court,
Dhanbad in Special (POCSO) Case No.96 of 2018 arising out of Nirsa P.S. Case
No.290 of 2017, corresponding to G.R. Case No.4818 of 2017 for the offence
punishable under sections 363, 366A and 376(2) (i) of I.P.C. and section 4 of the
POCSO Act. However, learned Trial Court has awarded maximum sentence of R.I.
for ten years with a fine of ₹5,000/- with the default clause for the offence
committed under section 376(2) (i) of I.P.C.
Earlier the prayer for suspension of sentence of the appellant was rejected
vide order dated 05.09.2019 passed in I.A. No.7415 of 2019.
The prayer for bail has been renewed on the ground that the appellant has
completed half of the sentence. On above fact, prayer for suspension of sentence
has been made.
Learned Spl. P.P. has opposed the prayer.
Considering the period undergone by the appellant, we are 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-I-cum-Special Judge, POCSO-cum-
Children Court, Dhanbad in connection with Special (POCSO) Case No.96 of
2018, arising out of Nirsa P.S. Case No.290 of 2017, corresponding to G.R. Case
No.4818 of 2017 on the following conditions:-
1. The court below before issuing the release order will satisfy itself
regarding the fact that the appellant has completed half of the
sentence as imposed by the court below. If not, then no release order
will be issued rather the matter will be reported to this Court.
2. One of the bailors shall be the deponent/pairvikar of the appellant of
the present interlocutory application, namely, Raju Rai, son of
Rajaram Ray, resident of Village-Lakhimata Colony, Nirsha, P.O. and
P.S. Nirsha, District- Dhanbad (Jharkhand).
3. Another bailor shall be father/ mother/ sister/ brother-in-law (jija) of
this appellant.
4. Appellant as well as the bailors shall not change their address without
prior permission of the court below and shall cooperate during hearing
of the appeal.
5. Appellant will submit self-attested copy of his Aadhaar Card and also
give his mobile number before the learned court below, which he will
not change during pendency of this case without prior permission of
the court.
I.A. No.3100 of 2023 stands disposed off.
(Rajesh Kumar, J.)
(Kailash Prasad Deo, J.)
Shahid/
