Sachin Kumar @ Sachin Yadav vs The State Of Jharkhand
2023 Latest Caselaw 2081 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              Cr. Appeal (SJ) No. 295 of 2023
            Sachin Kumar @ Sachin Yadav               ..... Appellant
                                   Versus
            The State of Jharkhand                    .... Respondent

                 CORAM:         HON'BLE MR. JUSTICE NAVNEET KUMAR

            For the Appellant       :      Mr. Pran Pranay, Advocate
            For the State           :      Mr. Suraj Deo Munda, APP
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3/18.05.2023 Heard learned counsel appearing on behalf of the appellant and learned APP appearing on behalf of the State.

IA No.4512 of 2023

2. It is submitted on behalf of the appellant that IA No.4512 of 2023 has been filed on behalf of the appellant with a prayer to confirm the provisional bail granted to the appellant after passing the judgment of conviction and order of sentenced dated 28 April, 2023 passed by the learned Special Judge, Deoghar in POCSO Case No. 55 of 2019, arising out of Mohanpur P.S. Case No. 115/2019, lodged under sections 341,323,354(B),504,506 IPC and under Section 8 of the POCSO Act, wherein the learned judge has been pleased to hold the appellant guilty of having committed for the offence under sections 354 (B) of the IPC and Section 8 of POCSO Act and has convicted the appellant to undergo Rigorous Imprisonment or 3 years and a fine of Rs.3000/- under section 354B of IPC and in default of payment thereof, to undergo imprisonment for further period of one month. Further, the learned Judge has held that in view of Section 42 of POCSO Act (Alternate Punishment), no separate sentence is required under section 8 of the POCSO Act and he shall be entitled to the benefit of section 428 of Cr.P.C.

3. It has been pointed out that the maximum sentence awarded was three years and the learned court below after passing the impugned judgment of conviction and order of sentence, released the appellant on provisional bail vide order dated 28.04.2023 for the period of one month and it is prayed that let the provisional bail be confirmed.

4. Accordingly, IA No.4512 of 2023 gets disposed of.

4. Having taken into consideration the aforesaid facts, the provisional bail granted to the appellant is hereby confirmed.

5. This appeal is admitted for hearing. Issue notice.

6. Let the scanned copy of the lower court record be called for from the concerned court below.

(Navneet Kumar, J.) R.Kumar