Kapil @ Kapildeo Patar Munda vs The State Of Jharkhand
2024 Latest Caselaw 9586 Jhar

Jharkhand High Court

Kapil @ Kapildeo Patar Munda vs The State Of Jharkhand on 24 September, 2024

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Criminal Appeal (D.B.) No.2197 of 2023
                                    -----
           Kapil @ Kapildeo Patar Munda, S/o Jagdish Patar Munda, R/o
           Village- Kudiyuamu, P.O.- Reladih, P.S. Sonahatu, District- Ranchi
                                                             ....Appellant(s).
                                    Versus
           The State of Jharkhand                           .... Respondent(s).
                                    WITH
                        Criminal Appeal (D.B.) No.1926 of 2023
                                    -----
           Mohan Mahto, S/o Sri Chama Mahto @ Chamashay Mahto, R/o
           Village- Paramdih, P.O.- Burhadih, P.S. Burhadih, District- Ranchi
                                                             ....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. A.K. Kashyap, Sr. Advocate
                                      Mr. Anurag Kashyap, Advocate
            For the State           : Mr. Pankaj Kumar, P.P.
                                    .........

04 /24.09.2024: I.A. No.10078 of 2024 in Cr. Appeal (D.B.) No.2197 of 2023 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(D) of IPC, in connection with POCSO Case No.43 of 2020. He has been sentenced to undergo rigorous imprisonment for twenty years with a fine of Rs. 20,000/- for the offence under Section 376(D) 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. Learned Senior counsel for the appellant submits that case of this appellant stands on exactly similar footing to that of Mohan Mahto, whose sentence has been suspended and he was enlarged bail on 07.08.2024 in Cr. Appeal (D.B.) No.1926 of 2023.

6. Learned counsel for the State after going through the records, admit that the case of this appellant is exactly similar to that of Mohan Mahto.

7. Considering the aforesaid fact, since, Mohan Mahto has been granted bail, we are inclined to allow this interlocutory application. Accordingly, upon suspending the sentence, the appellant, namely, Kapil @ Kapildeo Patar 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 A.J.C.-IV-cum-Special Judge POCSO, Ranchi in connection with POCSO Case No.43 of 2020 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

8. Accordingly, I.A. No.10078 of 2024 stands allowed.

(ANANDA SEN, J.)

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