Manish Mahto @ Manish Kumar Mahto vs The State Of Jharkhand
2024 Latest Caselaw 8755 Jhar

Jharkhand High Court

Manish Mahto @ Manish Kumar Mahto vs The State Of Jharkhand on 3 September, 2024

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   Cr. Appeal (D.B.) No. 890 of 2024

      Manish Mahto @ Manish Kumar Mahto, S/o Late Harmu Mahto
                                           ......          ...... Appellant(s)
                               Versus
      The State of Jharkhand               ......          ...... Respondent(s)
                                     With
                         Cr. Appeal (D.B.) No. 21 of 2024

      Balkishore Oraon @ Balkishore Bhagat @ Bhagat,
      S/o Late Mahadeo Bhagat @ Mahadeo Oraon ...... ...... Appellant(s)
                             Versus
      The State of Jharkhand            ......         ...... Respondent(s)


      CORAM          :   SRI ANANDA SEN, J.

SRI GAUTAM KUMAR CHOUDHARY, J.

------

      For the Appellant(s)    : Mr. Rana Surjit Singh, Advocate
      For the State           : Mr. Shiv Shankar Kumar, A.P.P.
                              ------

06 /03.09.2024:      I.A. No. 8927 of 2024 in Cr. Appeal (D.B.) No. 890 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 under Sections 376DA of IPC and Section 6 of POCSO Act in connection with Spl. POCSO Case No. 36 of 2020 arising out of Chandwa P.S. Case No. 110 of 2020. He has been sentenced to undergo Rigorous Imprisonment for life and a fine of Rs. 25,000/- for the offence under Section 6 of POCSO Act.

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

4. Learned counsel for the appellant has submitted that similarly situated co-

accused Balkishore Oraon @ Balkishore Bhagat @ Bhagat has been granted bail after suspending the sentence in Cr. Appeal (DB) No. 21 of 2024.

5. Learned counsel for the State though opposes but cannot deny the aforesaid fact that similarly situated co-accused has been granted bail after suspending the sentence.

6. We have gone through the order and find that Balkishore Oraon @ Balkishore Bhagat @ Bhagat has been granted bail by passing detail order on 15.07.2024. We find that the case of the appellant stands exactly on similar footing with that of co-accused-Balkishore Oraon @ Balkishore Bhagat @ Bhagat who has been granted bail by this Court.

7. Considering the aforesaid facts and the fact that there is no likelihood of hearing of this appeal in near future, we are inclined to allow this interlocutory application. Accordingly, upon suspending the sentence, the appellant, named above, is directed to be released on bail during the pendency of this appeal, on furnishing bail bonds of Rs.10,000/- (Rs. Ten Thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, POCSO Act, Latehar, in connection with POCSO Case No. 36 of 2020 arising out of Chandwa P.S. Case No. 110 of 2020 with a condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Latehar, once in every four months till the disposal of this appeal. I.A. No. 8927 of 2024 stands allowed.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.) AKT/Satendra