Chhotelal Murmu vs The State Of Jharkhand
2024 Latest Caselaw 9291 Jhar

Jharkhand High Court

Chhotelal Murmu vs The State Of Jharkhand on 17 September, 2024

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Cr. Appeal (D.B.) No.729 of 2024
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           Chhotelal Murmu, aged about 20 years, son of Dinesh Murmu,
           resident of Dhobiya Singha, PO and PS Tundi, District Dhanbad
                                                           ... 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. Gaurav Kumar, Advocate
            For the State           : Mr. Pankaj Kumar, PP
                                    .........
07 /17.09.2024: I.A. No.9302 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(2)(n) of IPC and under Section 6 of the POCSO Act in connection with Special (POCSO) Case No. 96 of 2023. He has been sentenced to undergo rigorous imprisonment for 20 years with fine of Rs.10,000/- for the offence under Section 6 of the 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 victim is PW1. In paragraph no. 10 of her examination she stated that she had informed the police that the appellant and she were having some love affair and they were in relationship. Further, we find that the FIR was lodged after delay of 4 years and the victim at the time of occurrence was of 17 years.

6. Considering the aforesaid facts, we are inclined to allow this Interlocutory application. Accordingly, upon suspending the sentence, the appellant, namely, Chhotelal Murmu 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. 96 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. I.A. No.9302 of 2024 stands allowed.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.) Tanuj/-