Rajesh Bhuiyan @ Rajesh Kumar Bhuiyan vs State Of Jharkhand

Sanjay Kumar Dwivedi, J

I.A. No. 4826 of 2024

Heard Mr. L.C.N. Shahdeo, learned counsel for the appellant and Mr. Shailesh Kumar Sinha, learned counsel for the State.

This appeal has already been admitted and the Trial Court Record is on the record.

I.A. No. 4826 of 2024 has been filed for grant of bail and suspension of sentence, during pendency of the present criminal appeal.

Learned counsel appearing for the appellant submits that the appellant has been convicted and sentenced vide judgment of conviction and order of sentence dated 30.01.2024 and 12.02.2024 respectively in POCSO Case No.04 of 2023, arising out of Garhwa P.S. Case No.598 of 2022 passed by the learned Special Judge, POCSO Act, Garhwa and he has been sentenced to undergo R.I. for 2 years and fine of Rs.10,000/- under Section 354 of IPC and in default of payment of fine, he has been further directed to undergo S.I. for 4 months, he has been further sentenced to undergo R.I. for 2 years and fine of Rs.10,000/- under Section 354A of IPC and in default of payment of fine, he has been further directed to undergo S.I. for 4 months, he has also been sentenced to undergo R.I. for 5 years and fine of Rs.25,000/- under Section 354B of IPC and in default of payment of fine, he has been further directed to undergo S.I. for 1 year and he has been sentenced to undergo R.I. for 2 years under Section 506 of IPC and direction was there that all the sentences shall run concurrently. He submits that the appellant has remained in custody for 1 year and 11 months and that has been disclosed in paragraph 22 of the memo of the appeal. He further submits that the doctor, who has treated the victim, he was not examined. He then submits that there is no eye witness. He also submits that there is land dispute between the parties and in view of that falsely the case has been registered.

Learned counsel appearing for the State opposed the prayer on the ground that even half of the sentence has not been completed by the appellant.

Considering that the appellant is in custody for 1 year and 11 months and there is no eye witness and the doctor, who has treated the victim, has not been examined and there is no injury report on the record, during the pendency of the present criminal appeal, I am inclined to enlarge the appellant 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 Special Judge, POCSO Act, Garhwa in connection with POCSO Case No.04 of 2023, arising out of Garhwa P.S. Case No.598 of 2022.

Accordingly, I.A. No.4826 of 2024 is allowed and disposed of.