Firoj Ahmad vs The State Of Jharkhand
2025 Latest Caselaw 1504 Jhar

Jharkhand High Court

Firoj Ahmad 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. 1870 of 2023
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           Firoj Ahmad, S/o Late Jabbar Ahmad, R/o Driver Hat Ghatotand, P.O.
           and P.S. Ghatotand, (West Bokaro) District Ramgarh Jharkhand
                                                      ... Appellant(s).
                                   Versus
           The State of Jharkhand                     ... Respondent(s).
                                   ------
           CORAM         :    SRI ANANDA SEN, J.

SRI GAUTAM KUMAR CHOUDHARY, J.

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For the Appellant(s) : Mr. Sharad Kaushal, Advocate For the State : Mr. Vishwanath Roy, Spl. P.P. .........

06 /04.08.2025: I.A. No.6120 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. The interlocutory application for suspension of sentence of this appellant was earlier dismissed on 16.07.2024.

3. The appellant has been convicted and sentenced in connection with Special POCSO case No.20 of 2022, for offence under Sections 354, 354(A), 376/511 of IPC and Sections 10, 12 and 4/18 of the POCSO Act, 2012. He has been sentenced to undergo rigorous imprisonment for R.I. 10 years and a fine of Rs.20,000/- for the offence under Section 4/18 of POCSO Act along with other sentences.

4. Heard, the 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.

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

6. Learned counsel submits that there is no likelihood of this appeal being taken up in near future and infact the appellant has remained in custody for three years, whereas the sentence for ten years.

7. Considering the period of custody and the fact that there is no likelihood of the appeal being taken up in near future as the appeal is of the year, 2023, we are inclined to allow this criminal appeal.

8. Accordingly, 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 Additional Sessions Judge-I- cum- Special Judge (POCSO), Ramgarh, in connection with Special POCSO Case No.20 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, Ramgarh once in every three months till the disposal of this appeal.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.)

R.S.