Mundra @ Ruplal Mohli vs The State Of Jharkhand
2024 Latest Caselaw 8803 Jhar

Jharkhand High Court

Mundra @ Ruplal Mohli vs The State Of Jharkhand on 4 September, 2024

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Criminal Appeal (D.B.) No.1079 of 2023
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           Mundra @ Ruplal Mohli, S/o Kalia Mohli @ Kauchha
                                                            ....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. Sanjeev Thakur, Advocate Mr. Jagat Kumar Soni, Advocate For the State : Mr. Anup Pawan Topno, A.P.P. .........

09 /04.09.2024: I.A. No.6123 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 Sections 376(DA) of IPC and under Section 6 of the POCSO Act in connection with Special POCSO Case No.35 of 2020 + POCSO 35A/2020. He has been sentenced to undergo rigorous imprisonment for life with a fine of Rs.25,000/- for the offence under Section 376(DA) of IPC.

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. P.W.-1 is the victim. She is aged about seventeen years. She alleges that other two accused, namely, Munna @ Pusuy Kol and Thakur Kol had committed rape upon her, whereas this appellant was standing at door of her house and keeping watch.

6. Since, from the evidence, we do not find any allegation that this appellant had committed rape, we are inclined to allow this interlocutory application. Accordingly, upon suspending the sentence, the appellant, namely, Mundra @ Ruplal Mohli 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), Dumka in connection with Special POCSO Case No No.35 of 2020 + POCSO 35A/2020 with a condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Dumka, once in every four months till the disposal of this appeal

7. Accordingly, I.A. No.6123 of 2024 stands allowed.

(ANANDA SEN, J.)

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