S.D Purkayastha, J
Heard Ms. V. Poddar, learned counsel appearing for the appellant-petitioners.
The judgment dated 05.03.2024 passed by the learned Special Judge (POCSO), Dhalai Judicial District in Special (POCSO) 03 of 2023 and sentenced passed thereupon are under challenge in this appeal.
Both the appellant-petitioners have been convicted and sentenced to suffer RI for 1[one] year and to pay a fine of Rs.5,000/- each for the offence punishable under Section 363 of the IPC and in default of payment of fine to suffer further RI for 3[three] months each. They are also sentenced to pay a fine of Rs.50,000/-each for commission of the offence punishable under Section 354A of the IPC and in default of payment of fine to suffer further RI for 6[six] months each. Under the count of Section 511 of the IPC, they are also sentenced to pay another fine of Rs.50,000/- each and in default of payment of fine, to suffer further RI for 6[six] months each. Along with the same, they are further sentenced to suffer RI for 3[three] years each with a fine of Rs.50,000/- each for the offence punishable under Section 8 of the POCSO Act and in default of payment of fine, to suffer further RI for 6[six] months each.
Ms. Poddar, learned counsel appearing for the appellant-petitioners submits that the maximum imprisonment as imposed under a single count is upto 3[three] years and at the time of passing judgment, they were on bail, so the operation of the impugned judgment and sentence may be stayed and they may be released on bail.
Mr. R. Datta, learned PP appearing for the State however opposes the prayer stating that the judgment is silent as to whether the sentence will run concurrently or consecutively and in that case, it will be presumed that the sentences will run consecutively and therefore, if aggregate of all the sentences are taken into account, the total period exceeds 3[three] years.
Considered the rival submission and perused the record. As it appears, the sentences of either 3[three] years or below the same were passed and both the appellants were on bail when the judgment was pronounced. Learned counsel for the appellant-petitioners also informs that they have not misused the liberty granted to them under bail.
Considering the totality, the operation of the impugned judgment and sentence dated 05.03.2024 passed by the learned Special Judge (POCSO), Dhalai Judicial District in Special (POCSO) 03 of 2023 are hereby suspended till disposal of the connected appeal.
The appellant-petitioners, may go on bail on furnishing a bail bond of Rs.30,000/- [Rupees thirty thousand] with one surety each of the like amount to the satisfaction of the trial court.
Accordingly, this interlocutory application stands allowed and disposed of.
The Registry is directed to communicate this order to the trial court.
