Nakabandi Pasi @ Birju Pasi vs The State Of Jharkhand
2025 Latest Caselaw 4639 Jhar

Jharkhand High Court

Nakabandi Pasi @ Birju Pasi vs The State Of Jharkhand on 8 April, 2025

Author: Sujit Narayan Prasad

Bench: Sujit Narayan Prasad

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Cr. Appeal (DB) No. 1376 of 2018
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Nakabandi Pasi @ Birju Pasi, aged about 30 years, son of Botha Pasi, resident of village-Swang, Gulgulia Toli, P.O. & P.S.-Gomia, District-

     Bokaro (Jharkhand)                          ... ... Appellant
                                      Versus
     The State of Jharkhand                        ... ... Respondent
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Appellant : Mr. Pankaj Verma, Advocate For the Respondent : Mr. Rajesh Kumar, A.P.P

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th 09/Dated: 08 April, 2025

I.A. No. 3948 of 2024:

1. The instant interlocutory application has been filed on behalf of appellant for suspension of sentence dated 12.09.2018 passed by the learned Additioal Sessions Judge-1st-cum-Special Judge-FTC, Bokaro, in Special POCSO Case No. 11 of 2014, whereby and whereunder, the appellant has been convicted for the offence under Section 376(2) of I.P.C. and under Section 6 of POCSO Act and has been sentenced to undergo R.I. for 20 years with fine of Rs.10,000/- for the offence under Section 376(2) of IPC and in default of payment of fine, the appellant has further been directed to undergo imprisonment for two months.

2. It has been contended on behalf of the appellant that the sole ground taken for suspension of sentence is that maximum sentence awarded is of 20 years and the appellant has completed the sentence of 12 years 06 months and 27 days with remission.

3. It has been submitted by learned counsel for the appellant that the matter was heard by this Court on 07th April, 2025, i.e., yesterday and the learned counsel for the respondent-State took time to seek instruction with respect to the issue of period of custody.

4. The learned State counsel has come out with communication letter issued under the Signature of the Superintendent of Lok Nayak Jay Prakash Narayan Central Jail, Hazaribag dated 01.04.2025 bearing Memo No. 1692, Page | 1 whereby and whereunder, it has been reported that the appellant has completed the sentence of 10 years 06 months and 07 days (without remission).

5. Learned counsel for the appellant, based upon the aforesaid ground, has submitted that it is a fit case for suspension of sentence.

6. While on the other hand, learned Additional Public Prosecutor appearing for the respondent-State of Jharkhand has vehemently opposed the prayer for suspension of sentence.

7. We have heard learned counsel for the parties and gone through the finding recorded by the learned trial Court in the impugned judgment as also the testimony of the witnesses as available in the Trial Court Records and other material exhibits appended therewith.

8. This Court considering the fact that the appellant, against the maximum awarded sentence of 20 years, has completed more than half of the sentence i.e., 10 years 06 months and 07 days (without remission) as per the communication letter dated 01.04.2025, as such, is of the view that the instant interlocutory application deserves to be allowed.

9. Accordingly, the instant Interlocutory Application is allowed.

10. In view thereof, the appellant, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-1st-cum-Special Judge-FTC, Bokaro, in Special POCSO Case No. 11 of 2014.

11. It is made clear that any observation made hereinabove will not prejudice the case of the parties on merit since the appeal is lying pending for its consideration.

(Sujit Narayan Prasad, J.)

(Pradeep Kumar Srivastava, J.)

AMAR/ /-

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