Md. Tanjeer @ Tanjeer Alam vs The State Of Jharkhand
2025 Latest Caselaw 4930 Jhar

Jharkhand High Court

Md. Tanjeer @ Tanjeer Alam vs The State Of Jharkhand on 28 August, 2025

Author: Sanjay Kumar Dwivedi

Bench: Ananda Sen, Sanjay Kumar Dwivedi

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         Cr. Appeal (D.B.) No. 572 of 2018
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            Md. Tanjeer @ Tanjeer Alam, S/o Aashik Husain, R/o Village-
            Gummo Muslim Mahalla, Ward No.21, Barwadih, P.S. Telaiya, P.O.
            Jumritelaiya, District- Koderma, Jharkhand
                                                         ... Appellant(s).
                                       Versus
            The State of Jharkhand                       ... Respondent(s).
                                       ------
            CORAM        :      SRI ANANDA SEN, J.

SRI SANJAY KUMAR DWIVEDI, J.

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For the Appellant(s) : Mr. Arwind Kumar, Advocate For the State : Mr. Tarun Kumar, AddI. P.P. .........

11 /28.08.2025: I.A. No.7089 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 rejected on 18.12.2024.

3. The appellant has been convicted and sentenced in connection with Spl. (POCSO) Case No.03 of 2016. He has been convicted for the offences under Sections 8 and 4 read with Section 3 of the POCSO Act. He was sentenced to undergo imprisonment for life with fine of Rs.10,000/- under Section 4 of the POCSO Act and to undergo rigorous imprisonment for 05 years with fine of Rs.1,000/- under Section 8 of POCSO Act.

4. 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.

5. The appellant now has renewed his prayer on the ground that he has remained in custody since 09.06.2015, which is more than 10 years and 02 months. He submits that minimum punishment for offence under Section 4 of the POCSO Act is 07 years (prior to the amendment of 2019 as the offence has taken place prior to 2019). Further the minimum punishment for offence under Section 8 of the POCSO Act is 3 years to be extended to 5 years. He submits that since the appellant has remained in custody for more than 10 years, he may be released on bail after suspension of sentence.

6. Learned counsel for the State submits that the total period of custody with remission is 12 years, 03 months and 02 days as on 13.08.2015.

7. A copy of the custody report dated 13.08.2025 is kept on record.

8. Considering the period of custody, since under both the Sections, the appellant has served the sentence for more than minimum period, we are inclined to allow this application.

9. Accordingly, 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 District & Additional Sessions Judge-I-cum- Special Court (POCSO Act), Koderma in connection with Special (POCSO) Case No.03 of 2016, arising out of Teliya P.S. Case No.145 of 2015 with a condition that one of the bailers must be a close relative of the appellant with sufficient landed property in the State of Jharkhand and with a further condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Koderma once in every six months till the disposal of this appeal.

(ANANDA SEN, J.)

(SANJAY KUMAR DWIVEDI, J.)

Tanuj/R.S.