Sagar Patro vs The State Of Jharkhand
2024 Latest Caselaw 8815 Jhar

Jharkhand High Court

Sagar Patro vs The State Of Jharkhand on 4 September, 2024

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  Criminal Appeal (D.B.) No.1129 of 2022
                                 -------
       Sagar Patro.                            ... ... Appellant.
                                    Versus
       The State of Jharkhand.               ... ... Respondent.
                               ------

           CORAM      : SRI ANANDA SEN, J.

: SRI GAUTAM KUMAR CHOUDHARY, J.

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For the Appellant : Mr. Arvind Kumar Choudhary, Advocate Mr. Rohit Agarwal, Advocate.

For the State : Ms. Kumari Rashmi, A.P.P.

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03/ 04.09.2024

I.A. No.8671 of 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.2752 of 2018. He has

been convicted for the offence under Section 376 (1) of the IPC

and Section 4 of the POCSO Act. He was sentenced to undergo

rigorous imprisonment for 12 years with fine of Rs.20,000/- under

Section 4 of the POCSO Act.

3. Heard, 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. The age of the victim was assessed as 17 years at the

time of occurrence.

6. As per the learned counsel representing the appellant,

the age of the victim was 19 years.

7. The victim is P.W.-3. She stated in para-3 that on three

occasions this appellant had taken her to his house but on the last

occasion on 24.10.2018, against her wish, sexual relationship was

established. It has also come that the appellant and victim were in

a visiting terms and they were known to each other.

8. The Doctor also did not find any sign of recent sexual

intercourse or assault and there was no injury on the private

parts.

9. Considering the aforesaid evidence of the victim and

the Doctor, we are inclined to release this appellant on bail.

10. 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 learned Special Judge (POCSO), East

Singhbhum, Jamshedpur, in Special (POCSO) Case No.2752 of

2018, with a condition that the appellant shall appear and mark

his attendance before the Registrar, Civil Court, East Singhbhum,

Jamshedpur, once in every four months till the disposal of this

Appeal.

11. This interlocutory application is, accordingly, allowed.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.) Prashant/Cp-03.