Ishwar Bahadur vs State of Jharkhand

Heard learned counsel for the appellant and learned counsel for the State, on the interlocutory application, filed on behalf of the sole appellant, renewing the prayer for bail, during the pendency of this appeal.

The appellant has been convicted for the offences under Section 376(2)(i) of the Indian Penal Code and Section 6 of the POCSO Act, and sentenced to undergo R.I. for 10 years with fine, for the offence under Section 6 of the POCSO Act.

Learned counsel for the appellant has renewed the prayer for bail submitting that the appellant is in custody since 4.2.2015 and has completed more than half of the sentence.

In the facts of the case as also taking into consideration the period of custody, we are inclined to release the appellant Ishwar Bahadur, on bail. Accordingly, the appellant, named above, is directed to be released on bail, during the pendency of this appeal, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-V-cum-Special Judge (POCSO), Jamshedpur, in connection with G.R. (POCSO) No. 337 of 2015.

The Trial Court below is directed to issue the release order after being satisfied that the appellant has served more than half of the sentence, and if this statement is found to be incorrect, the release order shall not be issued and the matter shall be reported to this Court The aforesaid interlocutory application is allowed with the direction as above.