Deepak Prasad vs The State Of Jharkhand
2023 Latest Caselaw 2086 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    Cr. Appeal (SJ) No. 122 of 2023
     Deepak Prasad                                  --- --- Appellant

                                        Versus
     The State of Jharkhand                                          --- --- Respondent
                                               .......

CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR For the Appellant : Mrs. Chetna Nandini, Advocate For the State : Mr. Naveen Kr. Ganjhu, A.P.P.

03/18.05.2023 Heard learned counsel for the appellant and the learned A.P.P. on I.A. No. 3053 of 2023.

2. Learned counsel for the appellant submits that the instant interlocutory application has been preferred for confirmation of the provisional bail granted to the appellant vide order dated 09.02.2023 by the learned court below of Special Judge (POCSO) cum District & Additional Sessions Judge-I, Chatra in POCSO Case No. 52 of 2018 arising out of Sadar P.S. Case No. 142 of 2013.

3. It is submitted on behalf of the appellant that just after passing of the judgment of conviction and order of sentence the learned court below has granted the provisional bail to the appellant on 09.02.2023 for a period of one month and the criminal appeal has been filed within the stipulated period and since this appeal was not taken up earlier, the provisional bail could not be confirmed. As such, the provisional bail granted to the appellant be confirmed.

4. Learned A.P.P. appearing on behalf of the State has submitted that the learned court below after passing of the judgment of conviction and order of sentence, has released the appellant on provisional bail because the maximum sentence awarded by the learned court below was 2 and ½ years.

5. Having taken note of the aforesaid submission advanced on behalf of learned counsel for the parties, the provisional bail granted to the appellant is hereby confirmed, subject to the condition that the entire fine amount, as awarded by the learned court below i.e., sum of Rs.10,000/-( Rupees Ten Thousand) be deposited by way of compensation to be paid to the P.W.3. Learned Court below is directed to issue notice upon P.W.3 and after her appearance and proper identification, the said fine amount be disbursed to her by way of compensation without being prejudiced to his rights of defence.

Appellant is directed to file the money receipt of the fine amount within a period of 4 weeks from today. I.A. No. 3053 of 2023 is disposed of.

6. This appeal is admitted for hearing.

7. Let the scanned copy of the lower court record be called for in connection with POCSO Case No. 52 of 2018 arising out of Sadar P.S. Case No. 142 of 2013 from the court of learned Special Judge (POCSO) cum District & Additional Sessions Judge-I, Chatra.

8. List this case after 4 weeks.

(Navneet Kumar, J.)

A.Mohanty