Jharkhand High Court
Mona Munda @ Mohan Munda vs The State Of Jharkhand on 2 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.460 of 2019
Mona Munda @ Mohan Munda ... ... 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 : Mr. Shiv Prasad Singh,Advocate;
Mr. Peter Martin, Advocate
For the State : Ms. Priya Shrestha, SPP
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nd
Order No.05/Dated: 2 January, 2024
I.A. No. 8111 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 26.03.2018 and the order of sentence dated 31.03.2018,
passed by the learned Additional Sessions Judge-1, West Singhbhum at
Chaibasa in GR (POCSO) Case No. 19 of 2016, whereby and whereunder,
the appellant has been convicted for the offence under section 363 and 376 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 5 years with
fine of Rs. 5,000/- for the offence under section 363 IPC and RI for 15 years
and fine of Rs. 10,000/- for the offence under section 6 of the Protection of
Children from sexual offences Act with default stipulation of one year S.I.
The learned counsel for the appellant submits that the present
appeal is of the year 2019. He has further submitted that the appellant has
completed more than half of the sentence awarded to him as he is in custody
since 10.2.2016. He has further submitted that the age of the prosecutrix was
16 to 18 years at the time of occurrence which may be considered as balanced
age. Therefore, prayer for suspension of sentence, during pendency of appeal,
may be considered.
Ms. Priya Shrestha, the learned counsel for the State has
opposed the prayer for bail and submitted that the prosecutrix has fully
supported her case in her statement under section 164 Cr.P.C. and from the
evidence of doctor it appears that offence of rape is fully made out which is a
very serious and heinous offence.
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 Additional Sessions Judge-
1, West Singhbhum at Chaibasa in GR(POCSO) Case No. 19 of 2016 arising
out of Jagannathpur PS Case No. 06 of 2016, 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. 8111 of 2023 stands disposed of.
(Ratnaker Bhengra,J.)
(Ambuj Nath, J.)
SB/KNR
