Mahfuz Alam vs The State Of Jharkhand
2024 Latest Caselaw 5591 Jhar

Jharkhand High Court

Mahfuz Alam vs The State Of Jharkhand on 11 June, 2024

Author: Subhash Chand

Bench: Ananda Sen, Subhash Chand

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Criminal Appeal (D.B.) No.265 of 2024
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            Mahfuz Alam, son of Late Md. Salam @ Luta, resident of Village Dandasai,
            Ward No.18, P.O. & P.S. Chakradharpur, District West Singhbhum,
            Jharkhand.                                              ... ... Appellant
                                             Versus
            The State of Jharkhand.                              ... ... Respondent
                                         ------

                   CORAM       : SRI ANANDA SEN, J.

: SRI SUBHASH CHAND, J.

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For the Appellant(s) : Mr. Nikhilesh Kr. Chatterjee, Advocate.

            For the State          : Mr. Shailesh Kr. Sinha, A.P.P.
            For informant          : Mr. Arvind Prakash Malakar, Advocate

                                            ------

08/ 11.06.2024 : 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 and sentenced in connection with Special

POCSO Case No.37 of 2019 arising out of Chakradharpur P.S. Case No.116 of

2019, for the offences under Sections 363, 366 & 376(3) of the Indian Penal Code

and Section 6 of the POCSO Act. He has been convicted under Section 6 of the

POCSO Act and sentenced to undergo rigorous imprisonment for 20 years with

fine of Rs.15,000/- along with other sentences for other offences.

3. Heard, learned counsel for the appellant, learned A.P.P. for the State and

learned counsel for the informant and have gone through the impugned judgment,

the evidence and the Trial Court Records.

4. Opportunity was given to the State and learned counsel for the informant to

oppose the bail, which they availed and opposed.

5. We have gone through the evidence of father of the victim and the victim

herself and other documents placed on record. Though the victim is aged about

15 years at the time of occurrence i.e. on 26.08.2019 yet the fact which cannot be

lost sight of is that the appellant and the victim are married and there is a girl child

arising out of the said wedlock.

6. Learned counsel appearing on behalf of the victim states that she is residing

in the house of the appellant with her child.

7. Considering the aforesaid submission, we are inclined to release the

appellant on bail.

8. Accordingly, upon suspending the sentence, the appellant is directed to be

released on bail during the pendency of this appeal, on furnishing bail bonds of

Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to

the satisfaction of the Additional Sessions Judge-I-cum-Special Judge (POCSO)

Act, West Singhbhum at Chaibasa in Special POCSO Case No.37 of 2019 arising

out of Chakradharpur P.S. Case No.116 of 2019 with a condition that the appellant

shall appear and mark his attendance before the Registrar, Civil Court, Chaibasa,

once in every four months till the disposal of this Appeal, with a further condition

that the appellant will mark his attendance along with the victim before the

Secretary, DLSA, Chaibasa, who will also monitor the matrimonial relationship of

this appellant. A copy of this order be forwarded to the DLSA, Chaibasa, for the

needful.

9. The I.A. No.2406 of 2024 is accordingly, allowed.

(ANANDA SEN, J.)

(SUBHASH CHAND, J.)

Prashant./Cp3