Citation : 2025 Latest Caselaw 1612 Jhar
Judgement Date : 6 August, 2025
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (D.B.) No.1327 of 2023
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Raju Dahanga, S/o late Jidang Dahanga, R/o Village Jalmay, P.O.
Podonger, P.S. Bandgaon, District West Singhbhum at Chaibasa.
... ... Appellant
Versus
The State of Jharkhand. ... ... Respondent
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CORAM : SRI ANANDA SEN, J.
: SRI GAUTAM KUMAR CHOUDHARY, J.
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For the Appellant : Mr. N.K. Sahani, Advocate
Ms. Sridhi Priya, Advocate
For the State : Mrs. Lily Sahay, A.P.P.
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06/ 06.08.2025
I.A. No.1836 of 2025
This Interlocutory Application has been filed by the
appellant praying therein to suspend the sentence and release him
on bail during pendency of this appeal.
2. It is the second attempt of the appellant praying to
release him on bail after suspension of sentence. Earlier his
application for suspension of sentence was dismissed vide order
dated 11.07.2024 passed in I.A. No.5775 of 2024.
3. The appellant has been convicted in connection with
POCSO Case No.11 of 2022 in the Court of Special Judge, POCSO
Act, Khunti, for offences under Section 363 IPC and Section 4(2)/17
of the POCSO Act. He has been sentenced to undergo rigorous
imprisonment for twenty years, with fine of Rs.50,000/- for offence
under Section 4(2)/17 of the POCSO Act and other sentence for other
offence.
4. Heard, learned counsel representing the appellant and
learned A.P.P. representing the State and have gone through the
impugned judgment, the evidence and the Trial Court Records.
5. Opportunity was given to learned A.P.P. representing the
State, to oppose the bail, which she availed and opposed.
6. After hearing the parties, we find that though the
allegation of commission of rape is not against this appellant but the
victim girl has categorically stated that this appellant along with
other accused had kidnapped her, taken her to the jungle, tied to a
tree and thereafter other accused person committed rape upon her
and this appellant was accompanying them and was keeping watch
so that no one could come there.
7. Considering the nature of evidence, which is against this
appellant, we are not inclined to reconsider the prayer of appellant
for suspension of sentence.
8. This interlocutory application is, accordingly, dismissed.
9. The appellant is at liberty to file an application for early
hearing of the appeal.
10. The office is directed to prepare the paper book.
(ANANDA SEN, J.)
(GAUTAM KUMAR CHOUDHARY, J.)
Prashant. Cp-3
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