Nanki Choudhary @ Chandan @Hash State of Jharkhand

This appeal has been preferred on behalf of the appellant for setting aside the judgment of conviction and sentence dated 06.09.2019 passed in Sessions Trial Case No. 125/2016 arising out of Kotwali (S) P.S. Case No. 633/2015 dated 25.07.2015 which corresponds to G.R. Case No. 4527/2015 passed by learned Additional Judicial Commissioner-XVIII cum Special Judge, POCSO, Ranchi, whereby and whereunder the sole appellant has been convicted for the offence under Section 354D of Indian Penal Code and sentenced to undergo R.I. for 1 year together with a fine of Rs. 10,000/- for offence punishable under Section 354 D of Indian Penal Code and in case of default in payment of fine, he had to undergo further R.I. for 2 months.

I.A. (Cr.) No. 10278 of 2019

This interlocutory application has been filed for suspension of sentence by granting bail to the sole appellant during the pendency of instant criminal appeal which was preferred against the judgment of conviction and sentence dated 06.09.2019 passed in Sessions Trial Case No. 125/2016 arising out of Kotwali (S) P.S. Case No. 633/2015 dated 25.07.2015 which corresponds to G.R. Case No. 4527/2015 passed by learned Additional Judicial Commissioner-XVIII cum Special Judge, POCSO, Ranchi.

Learned counsel for the appellant Mr. Naveen Kr. Jaiswal submits that the appellant has been convicted under Section 354D of the Indian Penal Code for a period of one year and he has remained in custody for about four months.

The learned counsel for the appellant further submits that there are no remaining defects to be cured. Accordingly he submits that this case be admitted and the Lower Court's Records may be called for.

Counsel for the opposite party- State has no serious objection to the submissions made by the counsel for the appellant considering the custody of the appellant.

After hearing the counsel for the parties and considering the facts and circumstances of this case and considering the custody of the appellant, this Court is inclined to suspend the sentence of the appellant and directs that the appellant be enlarged on bail on furnishing bail bond of Rs. 25,000/-(Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Judicial Commissioner-XVIII cum Special Judge, POCSO, Ranchi in connection with Sessions Trial No. 125 of 2016 arising out of Kotwali (S) P.S. Case No. 633 of 2015 dated 25.07.2015 corresponding to G.R. Case No. 4527 of 2017 , on the following conditions:

(i) One of the bailors should be the close family member of the appellant.

(ii) The appellant will submit his cell number and attested copy of Aadhar card before the learned court below at the time of furnishing bail bonds.

I.A. (Cr.) No. 10278 of 2019 is hereby allowed.

Cr. Appeal (S.J.) No. 1111 of 2019

Admit.

Call for the Lower Court's Records from the Court of learned Additional Judicial Commissioner-XVIII cum Special Judge, POCSO, Ranchi in connection with Sessions Trial No. 125 of 2016 arising out of Kotwali (S) P.S. Case No. 633 of 2015 dated 25.07.2015 corresponding to G.R. Case No. 4527 of 2017.

Put up this case on 04.02.2020 under appropriate heading.

Let a copy of this order be communicated to the learned court below through 'FAX'.