Binod Kumar Dusadh @ Binod Paswan vs The State Of Jharkhand
2025 Latest Caselaw 3151 Jhar

Jharkhand High Court

Binod Kumar Dusadh @ Binod Paswan vs The State Of Jharkhand on 6 March, 2025

Author: Navneet Kumar

Bench: Navneet Kumar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    Cr. Appeal (SJ) No. 177 of 2025

Binod Kumar Dusadh @ Binod Paswan, aged about 20 years, S/o Rajendra
Paswan, R/o Lakarka 5 No., PO + PS Katras, District- Dhanbad
                                                 ... ... Appellant
                             Versus
The State of Jharkhand                           ... ... Respondent
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CORAM : HON'BLE MR. JUSTICE NAVNEET KUMAR

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For the Appellant : Mr. Pratiush Lala, Advocate For the State : Mr. Bishwambhar Shastri, APP

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th Order No. 02/ Dated 06 March, 2025

1. This appeal is admitted.

2. Mr. Bishwambhar Shastri, learned APP waives notice on behalf of the State.

3. Let the Lower Court Record be called for.

IA No.2110 of 2025

4. The instant interlocutory application has been filed on behalf of the appellant for confirmation of provisional bail granted by the learned trial Court vide order dated 10.02.2025 in POCSO Case No.58 of 2024 arising out of Katras P.S. Case No.01/2024 during the pendency of the instant criminal appeal which has been preferred against the judgment of conviction and order of sentence both dated 10.02.2025 passed by learned Special Judge POCSO Act, Dhanbad, whereby and whereunder the appellant has been held guilty for the offence punishable under Sections 366 of IPC and under section 8 of POCSO Act and directed to undergo R.I. for three years and fine of Rs.5,000/- under Section 366 of IPC and in default of payment of fine, additional imprisonment for 15 days, further directed to undergo R.I. for three years and fine of Rs.5000/- under Section 8 of POCSO Act and in default of payment of fine, additional imprisonment for 15 days. Both the sentences were directed to run concurrently. Period of detention undergone by the convict, during investigation and trial of this case directed to be set off against the sentence of imprisonment awarded to him.

5. It has been submitted on behalf of the appellant that the learned trial Court after recording the judgment of conviction and order of sentence, granted provisional bail to the appellant vide order dated 10.02.2025 for a period of 30 days in order to facilitate the appellant to file the appeal. It has further been submitted that this appeal is well within time and the maximum sentence awarded to the appellant is three years for the offence punishable under Section 366 of IPC and Section 8 of POCSO Act and therefore it is prayed on behalf of the appellant that let this provisional bail granted by the learned trial Court be confirmed during pendency of this criminal appeal.

6. Learned APP appearing on behalf of the State does not raise any objection.

7. In view of the submissions advanced on behalf of the learned counsel appearing on behalf of the appellant, the provisional bail granted to the appellant is hereby confirmed.

8. Accordingly, the instant I.A. No.2110 of 2025 is allowed and as such disposed of.

(Navneet Kumar, J.) Basant/S. Das

2 Cr. Appeal (SJ) No. 177 of 2025