Imran Sai vs The State Of Jharkhand
2024 Latest Caselaw 8670 Jhar

Jharkhand High Court

Imran Sai vs The State Of Jharkhand on 30 September, 2024

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                 IN THE HIGH COURT OF JHARKHAND, RANCHI
                     Criminal Appeal (S.J.) No.577 of 2024
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Imran Sai, aged about 32 years, son of late Jiaul Sai, resident of Beltola PO and PS Borio, District Sahibganj, Jharkhand..... 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. Sanjeev Thakur, Advocate
           For the State             :-   Mrs. Shweta Singh, Advocate
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6/30.09.2024     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. 7647 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 23.03.2023 and order of sentence dated

25.03.2023 passed by learned Special Judge, POCSO Act, Sahibganj whereby

the learned court has found guilty for offence under section 354 of the IPC and

section 10 of the POCSO Act and sentenced to undergo RI for five years and

fine of Rs.10,000/- under section 354 IPC and in default thereof convict will

further undergo SI for six months and he has been further directed to undergo

RI for five years under section 10 of POCSO Act with fine of Rs.10,000/- and in

default thereof he has been further directed to undergo six months SI and both

the sentences will run concurrently.

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

custody since 3.11.2022 and he has remained in custody for 1 year and 11

months. By way of drawing the attention of the Court to the judgment passed

by the learned court the learned counsel for the appellant submits that PW1 is 1 Criminal Appeal (S.J.) No.577 of 2024 father of the victim and he has not supported the case. He further submits that

the PW2 is mother of the victim and she has also not supported the

prosecution case. He submits that in the FIR the appellant is named however in

the deposition the victim has stated that she has not known the name of the

appellant. He further submits that DWs have stated before the learned court in

the same line and there is land dispute between the parties and in view of that

falsely the appellant has been implicated.

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 the appellant is in custody since 3.11.2022 and he has

remained in custody for 1 year and 11 months and even father and mother of

the victim have not supported the case of the prosecution and this has come in

the evidence of the DW1 that there is dispute of land between the parties, I am

inclined to suspend the sentence of the appellant, during pendency of this

appeal.

8. Accordingly, the appellant- Imran Sai, 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 Act, Sahibganj, in connection with

Borio P.S. Case No.277 of 2022.

9. I.A. No.7647 of 2024 stands disposed of.

( Sanjay Kumar Dwivedi, J.) SI/

2 Criminal Appeal (S.J.) No.577 of 2024