THOKCHOM DHARMA SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This petition has been filed by the petitioner under Section 389 read with Section 482 Cr.P.C. seeking to release him on bail pending the disposal of the criminal appeal.

(2.) By the judgment dated 29.05.2019 in Special Trial (POCSO) Case No.3 of 2017, the learned Special Judge, Imphal East, convicted the petitioner-first accused for the offence under Section 10 of Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act'), while acquitting the second accused under Section 21(2) of the POCSO Act. On 01.6.2019, the petitioner-appellant was produced before the learned Special Judge, Imphal East and after hearing the petitioner and his counsel, the petitioner was sentenced to under to rigorous imprisonment for a period of 7 years and to pay fine of Rs.50,000/- under Section 10 of the POCSO Act and in default to undergo 6 months simple imprisonment. The learned Special Judge also ordered that the said fine amount if deposited, the same shall be given to the victim girl as compensation. That apart, the learned Special Judge also recommended for provision of victim compensation under Section 357A of Cr.P.C. to the victim. The learned Special Judge has also ordered the period which has already undergone by the petitioner-appellant in the judicial custody during the period of investigation as well as during the trial, if any, shall be set-off from the sentence awarded.

(3.) Aggrieved by the conviction and sentence imposed on the petitioner, the petitioner has filed Criminal Appeal No.25 of 2019 before this Court. Pending appeal, the petitioner has filed the present petition seeking to enlarge him on bail on medical grounds pending disposal of the appeal. According to the petitioner, he requires good medical care and attention for his ailment outside the jail and if he is released on bail, he will never jump the bail and he will abide by all the terms and conditions imposed by this Court.