Shiv Shankar Singh Munda @ Shiv Shakar ... vs The State Of Jharkhand
2024 Latest Caselaw 9343 Jhar

Jharkhand High Court

Shiv Shankar Singh Munda @ Shiv Shakar ... vs The State Of Jharkhand on 19 September, 2024

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      Criminal Appeal (D.B.) No. 923 of 2024

           Shiv Shankar Singh Munda @ Shiv Shakar Munda, son of Lilmohan
           Munda, resident of village Karamdiri, P.O. Ulidih, P.S. Tamar, District-
           Ranchi.                                               ...... Appellant(s)
                                  Versus
           The State of Jharkhand                                ......Respondent(s)
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                 CORAM : SRI ANANDA SEN, J.

: SRI GAUTAM KUMAR CHOUDHARY, J.

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For the Appellant(s) : Mr. Shiv Prasad Singh, Advocate. For the State : Mr. Abhay Kr. Tiwari, A.P.P.

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I.A. No. 9216 of 2024

06/19.09.2024: 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 been convicted in connection with POCSO Case No. 65/2022 for the offence under Section(s) 376(2)n, 376(3) of the Indian Penal Code and Section 4 of the POCSO Act. He has been sentenced to undergo rigorous imprisonment for 20 years and fine of Rs.10,000/- under Section 376 (3) IPC and other sentences for the other offences.

3. Heard the learned counsel for the appellant and learned A.P.P 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. After hearing the parties and going through the deposition of the victim(PW1), we find that the sexual relationship continued for three months, though she stated that it was forceful but nothing has come in evidence that the victim had reported the matter immediately when the first occurrence had taken place.

6. Considering the aforesaid nature of evidence, we are inclined to allow this interlocutory application. Accordingly, upon suspending the sentence, the appellant, above named, is directed to be released on bail, during the pendency of this appeal, on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.-IV-cum-Special Judge, POCSO Ranchi in connection with POCSO Case No. 65/2022, with a condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Ranchi, once in every four months till the disposal of this appeal.

7. Accordingly, this interlocutory application stands allowed.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.)

Anu/-Cp-3