Md. Irshad Ansari vs The State Of Jharkhand
2024 Latest Caselaw 5597 Jhar

Jharkhand High Court

Md. Irshad Ansari 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
                     Cr. Appeal (D.B.) No.365 of 2024

           Md. Irshad Ansari                                  ... Appellant(s).
                                   Versus
           1.The State of Jharkhand
           2. Victim of the Case                              ... Respondent(s).


           CORAM        :     SRI ANANDA SEN, J.

SRI SUBHASH CHAND, J.

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For the Appellant(s) : Mr. Vinay Kumar Tiwary, Advocate For the State : Mr. Prabir Kr. Chatterjee, Spl.P.P. .........

03 /11.06.2024: I.A. No.3113 of 2024 This interlocutory application has been filed by the appellant, praying therein to suspend the sentence and release him on bail during the pendency of this appeal.

2. The appellant has been convicted and sentenced under Sections 366, 376(2)(n) of IPC read with Section 6 of POCSO Act in connection with Special POCSO Case No.28 of 2023, arising out of Poraiyahat P.S. Case No.40 of 2023, corresponding to G.R. No.588 of 2023. He has been sentenced to undergo rigorous imprisonment for twenty years and a fine of Rs.50,000/- for the offence under Section 6 of the POCSO Act 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. After going through the evidence of the victim, who is P.W.-6, we find that she stated that for last one year, there was love relationship between the appellant and the victim. Further, we find that victim went with this appellant and stayed at different places. She did not raise any alarm where she stayed.

6. Considering the aforesaid evidence, we are inclined to allow this interlocutory application. Accordingly, upon suspending the sentence, the appellant, namely, Md. Irshad Ansari is directed to be released on bail during the pendency of this appeal, on furnishing bail bonds of Rs.10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, (POCSO), Godda, in connection with Special POCSO Case No.28 of 2023, arising out of Poraiyahat P.S. Case No.40 of 2023, corresponding to G.R. No.588 of 2023 with a condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Godda, once in every four months till the disposal of this appeal.

7. I.A. No.3113 of 2024 stands allowed.

(ANANDA SEN, J.)

(SUBHASH CHAND, J.)

R.S./