Moin Khan @ Shamian Khan vs The State Of Jharkhand
2024 Latest Caselaw 7584 Jhar

Jharkhand High Court

Moin Khan @ Shamian Khan vs The State Of Jharkhand on 1 August, 2024

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         Cr. Appeal (D.B.) No.1508 of 2023
                                     -----
            Moin Khan @ Shamian Khan, S/o Suddin Khan... Appellant(s).
                                     Versus
            The State of Jharkhand                     ... Respondent(s).
                                     ......
            CORAM        :     SRI ANANDA SEN, J.

SRI GAUTAM KUMAR CHOUDHARY, J.

------

For the Appellant(s) : Md. Shamim Akhtar, Advocate For the State : Mrs. Vandana Bharti, A.P.P. .........

07 /01.08.2024: I.A. No.726 of 2024.

This interlocutory application has been filed by the appellant, praying therein to suspend the sentence and release him on bail during pendency of this appeal.

2. The appellant has been convicted in connection with in Spl. POCSO G.R. Case No.895 of 2017, arising out of Basia P.S. Case No.60 of 2017, for the offence under Sections 3 and 4 of POCSO Act and Section 370(5), 375 and 376 of IPC. He has been sentenced to undergo rigorous imprisonment for fourteen years with a fine of Rs.75,000/- for the offence under Section 370(5) of IPC along with other sentences.

3. Heard, the learned counsel for the appellant and learned A.P.P. for the State and have gone through the impugned judgment, the evidence and the Trial Court Records.

4. Opportunity was given to the State to oppose the bail, which the State availed and opposed.

5. We have gone through the evidence of P.W.-1. From the evidence, it is clear that two girls of 13 and 14 years were raped and they were trafficked.

6. Considering the evidence of P.W.-1, we are not inclined to release the appellant on bail.

7. Accordingly, I.A. No.726 of 2024 stands dismissed.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.) R.S.