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I.A. No.3876 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 stands convicted for the offence under Section 376 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences (POCSO) Act and has been sentenced to undergo R.I. of 10 years and a fine of Rs.10,000/- in default, thereof, to undergo R.I. of six months.
Having heard the learned counsel for the appellant and learned A.P.P and on perusal of the materials on record, it appears that the appellant has remained in custody since 05.02.2015 i.e., for more than 5 years.
Considering the period of custody, we are inclined to suspend the sentence and enlarge the appellant on bail, during the pendency of the appeal, on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-I- Cum -Special Judge, POCSO Act, Latehar, in Special POCSO Case No.01 of 2015, on the condition that he shall deposit fine amount of Rs.10,000/- in the court below.
The appellant shall remain present before the Court as and when the appeal is taken up for hearing failing which his bail shall be cancelled.
I.A. No.3876 of 2020 stands allowed.