Binod Nayak vs The State Of Jharkhand
2024 Latest Caselaw 6357 Jhar

Jharkhand High Court

Binod Nayak vs The State Of Jharkhand on 1 July, 2024

Author: Sujit Narayan Prasad

Bench: Sujit Narayan Prasad

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    Cr. Appeal (DB) No. 1332 of 2018
Binod Nayak                                                .....   Appellant
                                Versus
The State of Jharkhand                              ....   Respondent
                             ---------

CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE ARUN KUMAR RAI

---------

For the Appellant     : Mr. Subodh Kumar Pandey, Advocate
For the Respondent    : Mr. Tarun Kumar, APP
                             ---------
17/ Dated: 01.07.2024
I.A. No. 798 of 2024

The instant interlocutory application has been filed under

Section 389 (1) of the Code of Criminal Procedure for suspension of sentence

against the judgment of conviction dated 14.09.2018 and order of sentence

dated 17.09.2018 passed by learned Additional Judicial Commissioner-XVIII-

Cum-Special Judge, POCSO, Ranchi, in connection with POCSO No. 05 of

2018, arising out of Kanke P.S. Case No. 06 of 2018, whereby and

whereunder, the appellant has been convicted under Section 376 (2) of the

Indian Penal Code and Section 6 of the POCSO Act sentencing him to

undergo rigorous imprisonment for 10 years along with to pay a fine of

Rs.10,000/-.

2. It has been submitted that although earlier to the present interlocutory

application prayer for suspension of sentence made by virtue of the

Interlocutory Application being I.A. No. 798 of 2024 has been withdrawn.

But the present Interlocutory Application being I.A. No. 4612 of 2024 has

been filed after completion of more than half period of custody, since,

appellant has already completed the custody of more than 6 years against the

maximum sentence of 10 years.

3. It has been submitted that the present appeal is of 2018 and as such

there is no likelihood of this appeal to be taken up soon, hence, the instant Interlocutory Application.

4. Mr. Tarun Kumar, learned Additional Public Prosecutor has sought for

a week's time to have the custody report from the concerned Jail.

5. List this matter on 15.07.2024.

(Sujit Narayan Prasad, J.)

(Arun Kumar Rai, J.)

Pramanik/Suman