Irfan Ansari @ Md. Irfan Ansari @ Md. ... vs The State Of Jharkhand
2025 Latest Caselaw 1501 Jhar

Jharkhand High Court

Irfan Ansari @ Md. Irfan Ansari @ Md. ... vs The State Of Jharkhand on 4 August, 2025

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     Cr. Appeal (D.B.) No. 716 of 2023
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           Irfan Ansari @ Md. Irfan Ansari @ Md. Irfan, S/o Alam Ansari, R/o
           Mauza Sadma, Takaha Basti, P.O. Uttasara, P.S. Petarbar, District
           Bokaro
                                                    ... Appellant(s).
                                   Versus
           The State of Jharkhand                   ... Respondent(s).
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           CORAM       :     SRI ANANDA SEN, J.

SRI GAUTAM KUMAR CHOUDHARY, J.

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For the Appellant(s) : Mr. R.S. Mazumdar, Sr. Advocate Mr. Nishant Kumar Roy, Advocate For the State : Mr. Bhola Nath Ojha, A.P.P. .........

06 /04.08.2025: I.A. No.7946 of 2025 This interlocutory application has been filed by the appellant, praying therein to suspend the sentence and release him on bail during the pendency of this appeal.

2. Appellant is directed to correct the provision of law in I.A. No.7946 of 2025 during course of the day.

3. The interlocutory application for suspension of sentence of this appellant was earlier withdrawn on 24.07.2024.

4. The appellant has been convicted and sentenced in connection with Special POCSO case No.43 of 2022, arising out of Petarbar P.S. Case No.36 of 2022 for offence under Sections 366A/34 and 376(D)/34 of IPC and Section 6 of the Protection of Children from Sexual Offences (POCSO) Act. He has been sentenced to undergo rigorous imprisonment for 25 years and a fine of Rs.20,000/- for the offence under Section 6 of POCSO Act along with other sentences.

5. Heard, the learned Senior 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.

6. Learned Senior counsel submits that during this intervening period exactly similarly situated co-convict has been granted bail by a co-ordinate Bench of this Court vide order dated 18.06.2025 passed in Cr. Appeal (D.B.) No.731 of 2023.

7. Opportunity was given to the State to oppose the bail, which the State availed and opposed.

8. After hearing the parties, we find that the case of the appellant is similarly situated to that of co-convict, who has been granted bail by a co-ordinate Bench of this Court. Since the co- ordinate Bench of this Court has granted bail to a similarly situated co-convict upon suspending the sentence, the appellant, named above is directed to be released on bail during the pendency of this appeal, on furnishing bail bonds of Rs.10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (POCSO Act), Bokaro in connection with Special POCSO case No.43 of 2022, arising out of Petarbar P.S. Case No.36 of 2022 with a condition that one of the bailers must be a close relative of the appellant and with a further condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Bokaro once in every three months till the disposal of this appeal.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.)

R.S.