Jharkhand High Court
Munna Marandi vs The State Of Jharkhand on 9 January, 2024
Author: Ratnaker Bhengra
Bench: Ratnaker Bhengra, Ambuj Nath
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Criminal Appellate Jurisdiction)
Cr. Appeal (DB) No. 1060 of 2022
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Munna Marandi ... ... Appellant
Versus
The State of Jharkhand ... ... Respondent
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CORAM : HON'BLE MR. JUSTICE RATNAKER BHENGRA
HON'BLE MR. JUSTICE AMBUJ NATH
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For the Appellant(s) : Mr. Rakesh Kumar, Advocate
For the State : Mr. B.N.Ojha, APP
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th
Order No.07/ Dated: 9 January, 2024
I.A. No. 10855 of 2023
The present Interlocutory Application has been filed for
suspension of sentence during pendency of this criminal appeal.
This criminal appeal is directed against the judgment of
conviction dated 12.08.2022 and the order of sentence dated 18.08.2022,
passed by the learned Special Judge, Bokaro in Special POCSO Case No. 97
of 2019, whereby and whereunder, the appellant has been convicted for the
offence under section 366 of the Indian Penal Code and under section 6 of
Protection of Children from sexual offences Act and has been sentenced to
undergo RI for 7 years with fine of Rs. 5,000/- for the offence under section
366 IPC with default stipulation of three months S.I. and RI for 20 years with
fine of Rs. 10,000/- for the offence under section 6 of the Protection of
Children from sexual offences Act.
The learned counsel for the appellant submits that as per the
doctor who is PW-5, the age of the victim girl was 17 to 18 years at the time
of occurrence. He has further submitted that the victim in her statement under
section 164 Cr.P.C. has stated that she had gone with the appellant at her own
free will and during the trial she has also deposed to that effect. He has
further submitted that during trial the appellant was in custody for three
months and after the judgment of conviction i.e. 12 th August 2022 he is in
custody till date. Therefore, his prayer for suspension of sentence, during
pendency of appeal, may be considered.
Mr. Bhola Nath Ojha, the learned counsel for the State has
opposed the prayer for bail and submitted that as per deposition of the
father of the victim, the age of the victim at the time of occurrence was
between 16 -17 years and, therefore, consent is immaterial.
Having gone through the records of the case, considering the
arguments advanced by the learned counsel for the parties, also considering
the period of custody already spent by the appellant and in the facts and
circumstances of the case, the appellant, named above, is ordered to be
released on bail, during pendency of this appeal, on executing bail bonds of
Rs. 25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the
like amount each to the satisfaction of the learned Special Judge (POCSO)
Act, Bokaro in connection with Special POCSO Case No. 97 of 2019 arising
out of Sector-12 P.S. Case No. 92 of 2019, subject to the condition that the
appellant shall submit self-attested photocopy of his Aadhar Card and mobile
number before the learned court below which he will always keep active and
will not change it during pendency of the case without prior permission of the
Court.
Accordingly, I.A. No. 10855 of 2023 stands disposed of.
(Ratnaker Bhengra,J.)
(Ambuj Nath, J.)
SB/KNR
