Birendra Marandi vs The State Of Jharkhand
2024 Latest Caselaw 8702 Jhar

Jharkhand High Court

Birendra Marandi vs The State Of Jharkhand on 2 September, 2024

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Criminal Appeal (D.B.) No.312 of 2024
                                   -----
           Birendra Marandi, S/o Sri Charan Marandi
                                                     ... Appellant(s).
                                   Versus
           The State of Jharkhand                    ... Respondent(s).
                                   ........
           CORAM        :     SRI ANANDA SEN, J.

SRI GAUTAM KUMAR CHOUDHARY, J.

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           For the Appellant(s)    : Mr. Shadab Ansari, Advocate
           For the State           : Mr. Pankaj Kumar, P.P.
                                   .........

08 /02.09.2024:   I.A. No.6564 of 2024

This interlocutory application has been filed by the appellant, praying therein to suspend the sentence and release him on bail during the pendency of this appeal.

2. The appellant has been convicted for the offence under Section 376 of IPC and Section 4 of POCSO Act in connection with Special POCSO Case No.41 of 2023. He has been sentenced to undergo R.I. for 12 years with a fine of Rs.10,000/- for the offence under Section 4 of POCSO Act.

3. Heard, learned counsel for the appellant and learned A.P.P. for the State and have gone through the impugned judgment, the evidence and the Trial Court Records.

4. Opportunity was given to the State to oppose the bail, which the State availed and opposed.

5. The age of the victim-girl was assessed as more than 17 years and less than 18 years by the Doctor. The doctor did not find any sort of injury nor any evidence of sexual assault. The victim-girl stated that she was sexually assaulted when she had gone to ease herself. The defence witnesses have stated that there was long standing land dispute between the father of the victim and father of this appellant. In paragraph 17, she denied the fact that there was long standing land dispute between her father and the appellant.

6. Considering the aforesaid evidence, we are inclined to allow this interlocutory application. Accordingly, upon suspending the sentence, the appellant, namely, Birendra Marandi is directed to be released on bail during the pendency of this appeal, on furnishing bail bonds of Rs.10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge POCSO Act, Dhanbad in connection with Special POCSO Case No.41 of 2023 with a condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Dhanbad, once in every four months till the disposal of this appeal

7. Accordingly, I.A. No.6564 of 2024 stands allowed.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.) R.S.