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Judgment
I.A. No. 7281 of 2024
This interlocutory application has been filed by the appellant, praying therein to suspend the sentence and release him on bail during the pendency of this appeal.
The appellant has been convicted under Sections 376 (DA), 379, 323 of IPC and under Section 6 of POCSO Act in connection with Special POCSO Case No. 20/2022 arising out of Bhandra P.S. Case No. 5/2022. He has been sentenced to undergo life imprisonment for and a fine of Rs. 25,000/- for the offence under Section 6 of POCSO Act.
Heard, the learned counsel for the appellant and learned A.P.P. for the State and have gone through the impugned judgment, the evidence and the Trial Court Records.
Learned counsel for the appellant submits that as per para 23 of deposition of the informant /victim of the case who has stated that this appellant has done nothing wrong with her and the appellant is her friend and when they were talking, some persons came and abused and assaulted them.
Opportunity was given to the State to oppose the bail, which the State availed and opposed.
Considering the submissions of the learned counsel for the parties and the deposition of victim at paragraph 23, we are inclined to allow this interlocutory application. Accordingly, upon suspending the sentence, the appellant, namely, Silbahan Mahto @ Shilbahan Mahto @ Shiv Bahan Mahto @ Gudda Mahto is directed to be released on bail during the pendency of this appeal, on furnishing bail bonds of Rs.10,000/-(Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I-cum-Special Judge (POCSO), Lohardaga in connection with Special POCSO Case No. 20/2022 arising out of Bhandra P.S. Case No. 5/2022 with a condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Lohardaga, once in every four months till the disposal of this appeal.
I.A. No. 7281 of 2024 stands allowed.