Patna High Court - Orders
Surender Singh @ Supari Singh vs The State Of Bihar on 23 June, 2025
Author: Nawneet Kumar Pandey
Bench: Nawneet Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.19 of 2025
Arising Out of PS. Case No.-65 Year-2021 Thana- SALAKHUA District- Saharsa
======================================================
Surender Singh @ Supari Singh Son of Vindeshwari Singh Resident of
Village- Kataghara, P.S. - Salkhua, District - Saharsa
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Tetara Kumari
For the Respondent/s : Mr.Anand Mohan Prasad Mehta
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
6 23-06-2025Heard learned counsel for the appellant and learned counsel for the State.
2. This appeal is being filed against the judgment dated 03.01.2023 and conviction dated 10.01.2023 passed by Sri Abhai Srivastava, Additional Session Judge-VI- cum-Special (POCSO) Judge, Saharsa in Pocso Case No. 25/2021 arising out of Salkhua P.S. Case No. 65/2021 whereby and whereunder appellant has been convicted under Section 10 and 12 of POCSO Act and section 354 of IPC and sentenced to undergo simple imprisonment for five years for offence under Section 10 of POCSO Act and a fine of Rs. 10000/- and in default of payment of fine, the appellant shall further undergo simple imprisonment of three months and the appellant has further been Patna High Court CR. APP (SJ) No.19 of 2025(6) dt.23-06-2025 2/3 sentenced to undergo simple imprisonment for offence U/s 12 of POCSO Act for one year and a fine of Rs. 5,000/- (five thousand) and in default in payment of fine, one month simple imprisonment and further the appellant has been sentenced to undergo three years of simple imprisonment and a fine of Rs. 10,000/- and in default of payment of fine, further two months simple imprisonment for offence under Section 354 of IPC. However, all the sentences were directed to run concurrently.
3. While making the prayer to suspend the sentence and grant of bail, it has been submitted on behalf of the appellant that the maximum sentence, awarded to the appellant is simple imprisonment of five years whereas he has already remained under custody for a period of four years and two months and there is no likelihood of the appeal being taken up for hearing in near future.
4. Learned APP has opposed the prayer for bail.
5. Considering the aforesaid facts and circumstances coupled with the fact that there is no chance of the appeal being taken up for hearing in near future, during pendency of the appeal, let the sentence of the appellant named above be suspended and they be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like Patna High Court CR. APP (SJ) No.19 of 2025(6) dt.23-06-2025 3/3 Special amount each to the satisfaction of Sri Abhai Srivastava, Additional Session Judge-VI- cum-Special (POCSO) Judge, Saharsa in POCSO Case No. 25/2021 arising out of Salkhua P.S. Case No. 65/2021.
6. During pendency of the appeal, the fine imposed upon the appellant shall remain stayed.
(Nawneet Kumar Pandey, J) A.K.V.//-
U T