Prashant Ram vs State of Jharkhand

Office to mention the name of Mr. Rakesh Ranjan as learned A.P.P. and delete the name of Mr. Arun Kumar Pandey from the cause list.

I.A. No. 2451 of 2020

This interlocutory application has been filed under Section 389 (1) of the Code of Criminal Procedure for suspension of the sentence and grant of ad-interim bail to the appellant, during the pendency of the appeal.

The appellant has been convicted for the offence under Sections 376/511 of the Indian Penal Code and under Section 8 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and sentenced to undergo R.I. of 4 years and to pay a fine of Rs.5,000/-.

Heard the learned counsel for the appellant and learned A.P.P. On perusal of the materials on record, it appears that the Investigating Officer (P.W. 7), in paragraph 21 of his cross-examination, has admitted that earlier a quarrel had taken place between the informant and the appellant. The appellant has remained in custody since 18.04.2012 i.e. more than 2 years and 4 months out of the awarded sentence of 4 years. Accordingly, the appellant is directed to be enlarged on bail, during the pendency of the appeal, on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of the like amount each to the satisfaction of learned Special Judge (POCSO)-cum- Additional Sessions Judge-III, Godda in connection with Special (POCSO) Case No. 18 of 2018 arising out of Balbadda P.S. Case No. 31 of 2018 corresponding to G.R. No. 612 of 2018 on the condition that he shall deposit Rs.5,000/- as part of the fine amount in the court below.

In the result, I.A. No. 2451 of 2020 stands allowed.