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2019 DIGILAW 1829 (JHR)

Seikh Mazid @ Bobby @ S K Majid @ Boby v. State Of Jharkhand

2019-11-06

ANUBHA RAWAT CHOUDHARY

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JUDGMENT Anubha Rawat Choudhary, J. - Heard Mr. A. K. Sahani, counsel appearing on behalf of the appellant. I.A. No. 10119 of 2019 2. Counsel for the appellant submits that this Criminal appeal is directed against the impugned judgment of conviction and the order of sentence, both dated 25.09.2019 passed by the learned Additional Sessions Judge-V-cum-Special Judge (POCSO), Jamshedpur in G.R.(POCSO) No. 501 of 2017, whereby the appellant has been convicted for the offences under Sections 354, 354D, 504 and 506 of the Indian Penal Code, Section 12 of the Protection of Children from Sexual Offences Act and Section 67 of the Information Technology Act and has been sentenced to undergo rigorous imprisonment for one year and fine of Rs. 1,000/- and in default to undergo further imprisonment of one month under Section 504 of the IPC and further to rigorous imprisonment for two years and fine of Rs. 1,000/- and in default to undergo further imprisonment of one month under Section 506 of the IPC and further rigorous imprisonment for two years and fine of Rs. 10,000/- and in default to undergo rigorous imprisonment for six months under Section 67 of the I.T. Act and rigorous imprisonment for two years and fine of Rs. 2,000/- and in default to undergo further imprisonment of one month under Section 12 of the POCSO Act. 3. Counsel for the appellant submits that one interlocutory application being I.A. No. 10119 of 2019 has been filed for confirmation of provisional bail of the appellant which has been granted by the learned court below vide order dated 25.09.2019 for a period of one month and thereafter another order dated 25.10.2019 was passed by the learned court below extending the period of provisional bail till 07.11.2019. He further submits that the present petition is otherwise defect free and the case may be admitted and the Lower Court Records may be called for. 4. After hearing the counsel for the appellant, this Court finds that the appellant was granted provisional bail by the learned court below vide order dated 25.09.2019 for a period of one month and thereafter another order dated 25.10.2019 was passed by the learned court below extending the period of provisional bail till 07.11.2019. 4. After hearing the counsel for the appellant, this Court finds that the appellant was granted provisional bail by the learned court below vide order dated 25.09.2019 for a period of one month and thereafter another order dated 25.10.2019 was passed by the learned court below extending the period of provisional bail till 07.11.2019. Considering the submissions of the parties, I.A. No. 10119 of 2019, is hereby allowed and the provisional bail of the appellant which has been granted by the learned court below vide order dated 25.09.2019, is hereby confirmed subject to deposit of the fine amount latest by 31.12.2019 before the learned court below. In case of nondeposit of the fine amount as aforesaid, the bail bond furnished by the appellant will stand cancelled. 5. The learned court below is directed to remit the fine amount to the victim after due identification. Cr. Appeal (S.J.) No. 1078 of 2019 6. Admit. 7. Office is directed to call for the Lower Court Records from the court concerned. 8. Post this case on 07.01.2020 under appropriate heading. 9. Let a copy of this order be communicated to the court concerned through ''FAX''.