Parikshit Modak @ Prikshit Modak vs The State Of Jharkhand
2025 Latest Caselaw 1507 Jhar

Jharkhand High Court

Parikshit Modak @ Prikshit Modak 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. 1361 of 2023
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           Parikshit Modak @ Prikshit Modak, S/o Mahabir Modak, R/o Mouza-
           Maniadih, P.O. & P.S. Tundi, District- Dhanbad, at present R/o Dundi
           Bazar P.O. and P.S. B.s. City, 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. Pratik Sen, Advocate For the State : Mr. Saket Kumar, AddI. P.P. For the Informant : Mr. Baibhaw Gahlaut, Advocate .........

13 /04.08.2025: I.A. No.2526 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 08.07.2024.

3. The appellant has been convicted and sentenced in connection with Special POCSO case No.94 of 2021, for offence under Sections 376(3) of IPC and Section 6 of POCSO Act. He has been sentenced to undergo rigorous imprisonment for R.I. 25 years and a fine of Rs.10,000/- for the offence under Section 6 of POCSO Act.

4. Heard, the learned counsel for the appellant, learned A.P.P. for the State and learned counsel for the informant and have gone through the impugned judgment, the evidence and the Trial Court Records.

5. One of the co-convict has been granted bail by this Court vide order dated 23.09.2024 passed in Cr. Appeal (D.B.) No.1198 of 2023.

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

7. 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 this Court.

8. Since 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.94 of 2021, 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.