Budhram Munda @ Budhu vs The State Of Jharkhand
2021 Latest Caselaw 3984 Jhar

  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     I.A. No.2944 of 2021
                           In
               Criminal Appeal (S.J.) No.671 of 2020
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Budhram Munda @ Budhu                 ...          ...     Appellant
                             Versus
The State of Jharkhand                ...          ...     Respondent
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  CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Appellant                : Mr. A. K. Chaturvedy, Adv.
For the State                    : Mr. Rajesh Kumar, A.P.P.

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07/Dated: 25th October, 2021

      I.A. No.2944 of 2021

This interlocutory application has been filed on behalf of the appellant under Section 389 (1) of the Code of Criminal Procedure, for suspension of sentence and release him on bail, during pendency of the instant appeal.

2. The appellant has been convicted for the offence under Sections 363/34 of the Indian Penal Code vide judgment of conviction and order of sentence dated 28.08.2020 by which the appellant has been sentenced to undergo rigorous imprisonment for seven (07) years and fine of Rs.5,000/- for the offence under Section 363/34 of I.P.C. in default thereof, further to undergo two months imprisonment, passed by the learned Special Judge (POCSO), East Singhbhum, Jamshedpur in Spl. POCSO Case No.1674 of 2017.

3. It has been submitted by the learned counsel for the appellant that the appellant is in custody since 28.08.2020 and he was on bail during the trial. It has further been submitted that there is allegation of covert act save and except in the process of kidnapping of the minor girl.

Referring to the evidence of the prosecution, it has been submitted that there is no evidence to establish the fact that the appellant had kidnapped the victim. On the above facts, prayer for suspension of sentence of the appellant has been made.

4. Learned counsel for the State has opposed the prayer for bail.

5. In the attending facts and circumstances of the case and the fact that the appellant was earlier on bail, I am inclined to suspend the sentence of the appellant and enlarge him on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (POCSO), East Singhbhum, Jamshedpur in Spl. POCSO Case No.1674 of 2017 arising out of Bagbera P.S. Case No.110 of 2017, subject to the condition that the appellant will submit self-attested photocopy of his Aadhar Card and also submit his mobile number before the learned court below which he will always keep active and will not change it during pendency of this case without prior permission of the court.

6. In the result, I.A. No.2944 of 2021 is, hereby, allowed.

7. The appellant shall remain present before the Court, when the appeal is taken up for hearing, failing which his bail shall be cancelled.

(Rajesh Kumar, J.)

Amar/-