Jharkhand High Court
Sanat Kumar Nishad @ Sanat Kumar Son Of ... 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.197 of 2024
----
Sanat Kumar Nishad @ Sanat Kumar son of Kanshi Ram Nishad age 23
years resident of Mauza Kulipota, PO Tarenga PS Bhanthapara Dist.
Balodabazar, Chhattisgarh .... Appellant(s)
-- Versus --
The State of Jharkhand .... Respondents
----
CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
---
For the Appellant(s) :- Mrs Chaitali C.Sinha, Advocate
For the State :- Mr. Shailesh Kr.Sinha, Advocate
For the Informant :- Mr. Gautam Kumar, Advocate
Ms Pushpanjali Kumari, Advocate
----
4/01.10.2024 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. 3607 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 13.02.2024 and order of sentence dated
16.02.2024 passed by learned Special Judge, Bokaro, in connection with Special
POCSO Case No.25/2022, arising out of Sector 12 P.S. Case No.114 of 2021
under section 366A of IPC and 8, 12 of the POCSO Act the appellant has been
sentenced to undergo RI for 7 years and fine of Rs.5000/- for offence under
section 366A IPC and for default of fine SI for three months and for other
sections and all the sentences were directed to run concurrently.
5. Learned counsel for the appellant submits that the appellant has
remained in custody for 11 and half months. He submits that the accused
Gladson Kujur has been granted bail by coordinate Bench in Cr.Appeal (SJ)
No.123 of 2024. She submits that Gladson Kujur has taken her to bus stop and
from their she has gone go Chhattisgarh. She submits that appellant and victim
1 Criminal Appeal (S.J.) No.197 of 2024
have developed friendship online and she has voluntarily gone there and she
has dropped message in the mobile of her mother.She submits that Gladson
Kujur has pointed out that the victim has gone to Chattisgarh and remained
there with the appellant. By way of referring evidence of doctor she submits
that medical report is in favour of the appellant.
6. Learned counsel for the respondent State and informant have opposed
the prayer for bail on the ground that the victim's age is said to be 12-13 years
and they have tried to distinguish the case of Gladson Kujur who has been
granted bail.
7. Considering that appellant has remained in custody for 11 and half
months and said Kujur has dropped the victim to bus stand wherefrom she has
gone to Chattisgarh and that Kujur has disclosed that victim girl is at
Chhattisgarh along with appellant and thereafter she was taken back by the
parents and prima facie it appears that said Gladson Kujur was also involved
and he has been released on bail and doctor report is in favour of the appellant
and in 164 Cr.PC statement the victim has stated that she has gone on her own
volition and she has informed her mother about leaving the town, I am inclined
to suspend the sentence of the appellant, during pendency of this appeal.
8. Accordingly, the appellant- Sanat Kumar Nishad @ Sanat Kumar, 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, Bokaro, in
connection with Special POCSO Case No.25/2022, arising out of Sector 12 P.S.
Case No.114 of 2021.
9. I.A. No.3607 of 2024 stands disposed of.
( Sanjay Kumar Dwivedi, J.)
SI/
2 Criminal Appeal (S.J.) No.197 of 2024
