Jharkhand High Court
Pramod Mandal @ Parmod Mandal vs The State Of Jharkhand on 23 December, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 408 of 2018
Pramod Mandal @ Parmod Mandal --- --- Appellant
Versus
The State of Jharkhand --- --- Respondent
---
CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh
Hon'ble Mrs. Justice Anubha Rawat Choudhary
---
For the Appellant: Mr. Manoj Kr. Sah, Advocate
For the Respondent: Mr. Praveen Kr. Appu, A. P.P
---
08 / 23.12.2021 Heard learned counsel for the appellant and learned A.P.P. on the
renewed prayer for suspension of sentence of this appellant made through I.A.
No. 4125 / 2021.
2. The sole appellant stands convicted for the charges punishable under
sections 376 and 313 of the Indian Penal Code and section 6 of POCSO Act by
the impugned judgment dated 20.02.2018 passed in Special (P) Case No.
16/2016 by the Court of learned Additional Sessions Judge-I-cum-Special
Judge, Godda and has been sentenced to undergo R.I for ten years with a fine of
Rs. 10,000/- and a default sentence under section 6 of POCSO Act and has been
further sentenced to undergo R.I for ten years with a fine of Rs. 10,000/- and a
default sentence under section 313 of the Indian Penal Code, but no separate
sentence has been awarded under section 376 of the Indian Penal Code in view
of section 42 of POCSO Act, by the impugned order of sentence dated
22.02.2018.
3. Learned counsel for the appellant submits that the prayer for suspension
of sentence was earlier rejected on merits by the Coordinate Bench of this Court
14.09.2018 after going through the lower court records. However, prayer has
been renewed primarily on the ground of period of custody of about five years
and six months undergone by this appellant since 02.05.2016. It is further
submitted that there is delay in the institution of FIR as the first occurrence is
alleged to have taken place on 23.03.2016, as per the statement of the Informant
/ victim (PW-7). No DNA test was conducted to establish connection of this
appellant with the crime. Victim has admitted to have physical relationship with
this appellant for eight months and had not disclosed this fact to anyone till
then. Therefore, appellant may be enlarged on bail by suspending his sentence.
4 Learned A.P.P has opposed the prayer. He submits that the victim a
minor aged 16 years, as per the report of doctor (PW-11) vide Ext.4, has been
allured into forcible sexual intercourse and threatened not to disclose to
anyone, as a result of which, she became pregnant and pregnancy was aborted.
5. We have considered the submissions of learned counsel for the parties
and taken note of the facts and circumstances above including the period of
custody undergone by the appellant till date. Having regard to the facts and
circumstances noted above and the period of custody of about five years and six
months undergone by the appellant against the sentence of ten years, we are
inclined to enlarge the appellant on bail by suspending his sentence during
pendency of this appeal. Accordingly, Appellant Pramod Mandal @ Parmod
Mandal shall be released on bail, during pendency of this appeal, on furnishing
bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like
amount each, to the satisfaction of learned Additional Sessions Judge-I-cum-
Special Judge, Godda in Special (P) Case No. 16/2016 with the condition that
the Appellant and his bailors shall not change their address or mobile nos.
without permission of the learned Trial Court and Appellant and his bailors
shall also furnish their Aadhar Card before the learned Trial Court at the time of
his release. I.A. No. 4125 / 2021 stands disposed of.
(Aparesh Kumar Singh, J)
(Anubha Rawat Choudhary, J)
Ranjeet/
