Tarunath Singh Munda vs The State Of Jharkhand
2022 Latest Caselaw 276 Jhar

                        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               Criminal Appeal (S.J.) No. 145 of 2021
                                           ....

               Tarunath Singh Munda                                   ....    Appellant
                                           Versus
              The State of Jharkhand                                   .... Respondent
                                           ....
               CORAM:          HON'BLE MR. JUSTICE RAJESH KUMAR

               For the Appellant              : Mr. Ashok Kr. Pandey, Adv.
               For the State                  : APP
                                              ....

The matter was taken up through Video Conferencing. Learned counsels for the parties had no objection with it and submitted that the audio and video qualities are good.

....

05/04.02.2022 I.A. No.159 of 2022 The instant interlocutory application has been filed on behalf of the appellant for suspension of sentence and prayer for bail, during pendency of the instant appeal.

This criminal appeal has been filed against the judgment of conviction dated 16.08.2019 and order of sentence dated 17.08.2019 passed by learned Addl. Judicial Commissioner-XVIII-cum-Spl. Judge, POCSO Ranchi in S.T. No.600 of 2017, whereby the appellant has been convicted for the offence under Sections 366 r/w 120B of the Indian Penal Code and has been sentenced to undergo R.I. for five years with fine of Rs.5,000/- and in default of payment of fine, further sentenced to undergo R.I. for one year.

By referring to the deposition of P.W.5-(victim), learned counsel for the appellant has submitted that no overt act has been alleged against this appellant. She has gone with the main accused to Kolkata and other places by various means of transport. It has been further submitted that the appellant is in custody for about 2 ½ years. On the above fact, prayer for suspension of sentence has been made.

Learned A.P.P. has opposed the prayer.

Considering the period of custody and the materials available on record, I am inclined to suspend the sentence and enlarge the appellant on bail, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Judicial Commissioner-XVIII-cum-Spl. Judge, POCSO Ranchi in S.T. No.600 of 2017, subject to the condition that the appellant will submit self attested copy of his Aadhar Card and also give his mobile number before the learned court below, which he will not change during pendency of this case without prior permission of the court.

I.A. No. 159 of 2022 stands disposed off.

(Rajesh Kumar, J.) Shahid/