Shekh Aslam vs The State Of Jharkhand
2025 Latest Caselaw 306 Jhar

Jharkhand High Court

Shekh Aslam vs The State Of Jharkhand on 8 May, 2025

Author: Sanjay Prasad

Bench: Sanjay Prasad

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     IN THE HIGH COURT OF JHARKHAND AT RANCHI
            Criminal Appeal (S.J.) No. 244 of 2025
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     Shekh Aslam                      ..... Appellant
                        Versus
     The State of Jharkhand           ..... Respondent
                          With

Criminal Appeal (S.J.) No. 247 of 2025

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Amiruddin Khan ..... Appellant Versus

1.The State of Jharkhand

2.Victim (X) through Mother (Informant) ..... Respondents

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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Appellant : Mr. Avishek Prasad, Advocate (In Criminal Appeal (S.J.) No. 244 of 2025) Mrs. Sunita Kumari, Advocate (In Criminal Appeal (S.J.) No. 247 of 2025) For the State : Mr. Rakesh Ranjan, A.P.P. (In Criminal Appeal (S.J.) No. 247 of 2025)

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04/08.05.2025 Cr.Appeal (S.J.) No. 244 of 2025 On the request of learned counsel for the Appellant, let it be placed after the Summer Vacation.

Criminal Appeal (S.J.) No. 247 of 2025

2. This Criminal Appeal has been filed on behalf of the Appellant challenging the judgment of conviction dated 17.02.2025 and sentence dated 22.02.2025, passed in POCSO Case No. 28 of 2023 in connection with Chainpur P.S. Case No. 09 of 2023, by Shri Sanjeev Bhatia, Exclusive Special Judge (POCSO), Gumla, by which the appellant has been convicted for the offence under Sections 363/34 and

354(D) of I.P.C. and sentenced to undergo R.I. for Two (02) years and to pay the fine of Rs.10,000/- for the offence under Section 363/34 I.P.C. and R.I. for One year and a fine of Rs.10,000/- for the offence under Section 354(D) of I.P.C.

I.A. No. 3485 of 2025 [In Appeal (S.J.) No. 247 of 2025]

3. This Interlocutory Application has been filed under Section 389(1) of Cr.P.C. on behalf of the Appellant for confirmation of provisional bail as granted by the learned Trial Court in POCSO Case No. 28 of 2023 in connection with Chainpur P.S. Case No. 09 of 2023 vide order dated 22.02.2025 till 23.03.2025.

4. it appears that earlier this Court, vide order dated 21.03.2025 had directed the appellant to deposit 50% of the fine amount before the learned Court below and the provisional bail granted to the appellant vide order dated 22.02.2025 by the learned Exclusive Special Judge (POCSO), Gumla in POCSO Case No. 28 of 2023 was extended till 08.05.2025.

5. Learned counsel for the appellant has submitted that in compliance of the order dated 21.03.2025 of this Court, the appellant has deposited 50% of the fine amount on 19th April, 2025. It is further submitted that the provisional bail granted to the co-convict, namely Mahboob Khan, vide order dated 22.02.2025 in Special POCSO Case No. 28 of 2023, in connection with Chainpur P.S. Case No. 09 of 2023, passed by the Exclusive Special Judge (POCSO), Gumla has been confirmed vide order dated

18.03.2025 in Cr.Appeal (S.J.) No. 233 of 2025 passed by the Co-ordinate Bench (Justice Navneet Kumar, as His Lordship then was) of this Court, hence, provisional bail of the appellant may be confirmed.

6. No objection is raised by the learned counsel for the State.

7. It appears that this Court, vide order dated 21.03.2025, had directed the appellant to deposit 50% of the fine amount and had extended provisional bail of the appellant till 08.05.2025.

8. Under the circumstances, the provisional bail granted to the Appellant, namely Amiruddin Khan by the learned Trial Court vide order dated 22.02.2025 is hereby confirmed.

9. Thus, I.A. No. 3485 of 2025 is allowed and stands disposed of.

Criminal Appeal (S.J.) No. 247 of 2025

10. This appeal is admitted.

11. The L.C.R. has already been received.

12. Let this Cr. Appeal (S.J.) No. 247 of 2025 also be tagged with Criminal Appeal (S.J.) No. 233 of 2025.

(Sanjay Prasad, J.) s.m.