Nand Lal Mahto vs State Of Jharkhand

Heard learned counsel for the appellant and the learned counsel for the State on the interlocutory application filed on behalf of the appellant, renewing

the prayer for bail during the pendency of this appeal.

The appellant has been convicted and sentenced for the offences under Section 376(2)(i) of the Indian Penal Code and Section 4 of the POCSO Act.

He has been sentenced to undergo rigorous imprisonment for ten years with fine of Rs.30,000/- for the offence under Section 376(2)(i) of the Indian

Penal Code.

There being direct allegation against the appellant to have committed rape upon the victim minor girl, which fact also gets support from the medical

report of the victim, the earlier prayer for bail of the appellant did not find favour from this Court and the application was dismissed as not pressed

after some arguments.

Learned counsel for the appellant has renewed the prayer submitting that the appellant has served more than half of the sentence.

In the facts of this case, and taking into consideration the period of custody, we are inclined to release the appellant, Nand Lal Mahto, on bail subject

to the condition, he shall deposit the amount of fine, which shall be disbursed to the victim.

If the appellant deposits the demand draft of Rs.30,000/- drawn in favour of District Legal Services Authority, Hazaribag, the appellant, named above,

shall 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-I-cum-Special Judge, POCSO Act, Hazaribag, in connection with G.R. No. 2449 of

2015.

The Trial Court below however, before issuing the release order, shall satisfy itself that the appellant has remained in custody for more than five years

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 demand draft deposited by the appellant shall be deposited in the account of District Legal Services Authority, Hazaribag, which shall disburse the

amount to the victim upon her proper identification.

The aforesaid interlocutory application stands allowed, with the directions as above.