Pahalwan Munda @ Palwan Munda vs The State Of Jharkhand
2024 Latest Caselaw 9118 Jhar

Jharkhand High Court

Pahalwan Munda @ Palwan Munda vs The State Of Jharkhand on 10 September, 2024

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Criminal Appeal (D.B.) No.1822 of 2023
                                   -----
           Pahalwan Munda @ Palwan Munda, S/o Tira Munda, R/o Village-
           Tetla Tola, Sakregoda, P.O. & P.S. Kowali, District East Singhbhum,
           Jamshedpur                                 ....Appellant(s).
                                   Versus
           The State of Jharkhand                    .... Respondent(s).
                                   ........
           CORAM        :     SRI ANANDA SEN, J.

SRI GAUTAM KUMAR CHOUDHARY, J.

------

For the Appellant(s) : Mr. Tarun Kr. Mahato, Advocate For the State : Mr. Rajneesh Vardhan, A.P.P. .........

07 /10.09.2024: I.A. No.9369 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(2)(n), 366 of IPC and Section 6 of the Protection of Children from Sexual Offences Act in connection with Special (POCSO) Case No.01 of 2020. He has been sentenced to undergo rigorous imprisonment for life which shall be for the remainder of his natural life and to pay fine of Rs.10,000/- for the offence Section 6 of the Protection of Children from Sexual Offences Act along with other sentences.

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 victim is aged about 16 years. Her statement was initially recorded under Section 164 of Cr.P.C. She states that she without any pressure, on her free will left her house and started living with this appellant and she solemnized marriage and they are living as a husband and wife. While being examined as a witness she comes up with the different story and narrate that this appellant had taken her along with him and kept in room and thereafter she was raped.

6. Considering the major discrepancy in both these statements, we are inclined to allow this interlocutory application. Accordingly, upon suspending the sentence, the appellant, namely, Pahalwan Munda @ Palwan Munda 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), East Singhbhum, Jamshedpur in connection with Special (POCSO) Case No.01 of 2020 with a condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Jamshedpur, once in every four months till the disposal of this appeal

7. Accordingly, I.A. No.9369 of 2024 stands allowed.

(ANANDA SEN, J.)

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