Ashok Ram @ Ashok Kumar Ram Age 24 Years ... vs The State Of Jharkhand
2024 Latest Caselaw 9775 Jhar

Jharkhand High Court

Ashok Ram @ Ashok Kumar Ram Age 24 Years ... vs The State Of Jharkhand on 1 October, 2024

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                 IN THE HIGH COURT OF JHARKHAND, RANCHI
                     Criminal Appeal (S.J.) No.230 of 2024
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Ashok Ram @ Ashok Kumar Ram age 24 years son of Sri Kallu Ram resident of village Bali PO and PS Tandwa, District Chatra .... Appellant(s)

-- Versus --

          The State of Jharkhand                        .... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Appellant(s) :- Mr. Vijay Kumar Sharma, Advocate For the State :- Mr. Satish Kr. Keshri, Advocate

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3/01.10.2024 Heard the learned counsel for the appellant and the learned counsel for

the respondent State.

2. This appeal is already admitted and the lower court records are on the

record.

3. I.A. No. 4265 of 2024 has been filed for suspension of sentence during

pendency of this appeal.

4. The learned counsel for the appellant submits that the appellant has

been convicted by the judgment dated 06.03.2024 and order of sentence dated

14.03.2024 passed by learned Special Judge (POCSO) Chatra in connection with

POCSO Case No.38 of 2022, arising out of Tandwa P.S.Case No.161 of 2022,

whereby he has been sentenced to undergo for four years RI with fine of

Rs.5000/- under section 8 of POCSO Act and other sentence are also provided

under other sections.

5. Learned counsel for the appellant submits that the appellant has

remained in custody for 11 months and he submits that informant is PW6 who

has been declared hostile and who happened to be father of the victim. He

submits that other witnesses have also been declared hostile and the only

allegation is with regard to holding her up by the appellant. By way of referring

medical report he submits that there is no injury.

6. Learned counsel for the respondent State opposed the prayer for bail on

the ground that half of the sentence has not been completed by the appellant.

7. Considering that some of the witnesses have been declared hostile and

only allegation is of caught hold the victim by the appellant, I am inclined to

grant bail to the appellant, during pendency of this appeal.

8. Accordingly, the appellant- Ashok Ram @ Ashok Kumar Ram, is, hereby,

directed to be released on bail, during pendency of this appeal, on furnishing

bail bond of Rs.25,000/- (twenty five thousand) with two sureties of the like

amount each, to the satisfaction of learned Special Judge (POCSO) Chatra in

connection with POCSO Case No.38 of 2022, arising out of Tandwa P.S.Case

No.161 of 2022.

9. I.A. No. 4265 of 2024 stands disposed of.

( Sanjay Kumar Dwivedi, J.) SI/