Jharkhand High Court
Deera Munda vs The State Of Jharkhand on 19 September, 2025
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad, Gautam Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 168 of 2024
----
Deera Munda ... ... Appellant
Versus
The State of Jharkhand ... ... Respondent
-------
CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
------
For the Appellant : Mr. Gautam Kumar Singh, Advocate
For the Respondent : Mrs. Priya Shrestha, Spl. P.P.
--------
th
Order No. 06 : Dated 19 September, 2025
I.A. No. 3243 of 2025
1. The instant interlocutory application has been filed on
behalf of sole appellant under Section 430 of the BNSS, 2023
for suspension of sentence dated 29.09.2023 passed by the
learned Additional Judicial Commissioner-IV-cum-Special
Judge, POCSO, Ranchi in connection with POCSO Case No. 10
of 2018 arising out of Lapung P.S. Case No. 04 of 2018,
whereby and whereunder, the appellant has been found guilty
and convicted under Section 376, 452 IPC and sentenced to
undergo rigorous imprisonment for ten years under Sectin 376
IPC with fine of Rs. 10,000/- and in default of payment of fine,
further to undergo SI for six months along with other sentences
for other offences.
2. Learned counsel for the appellant has submitted that
earlier the appellant has filed I.A. No. 4273 of 2024, which was
dismissed on merit but now he is pressing the present
application on the ground of custody since the appellant has
undergo sentence of about 7 years and 4 months out of
maximum punishment of 10 years.
3. Learned counsel for the appellant, based upon the
aforesaid ground, has submitted that the appellant may be
released on bail by suspending the sentence during pendency of
the instant appeal.
4. While on the other hand, learned APP appearing for the
State has opposed the prayer for suspension of sentence. It has
been contended that the allegation is serious in nature, which
has been proved, as such it is not a fit case for suspension of
sentence. However, he has not been disputed the fact that
appellant being remained in custody for the period aforesaid.
5. We have heard learned counsel for the parties and gone
across the finding recorded by the learned trial Court in the
impugned judgment as also the testimony of the witnesses as
available in the Lower Court Records.
6. This Court, considering the fact that the appellant has
served custody of about 7 years and 4 months out of the
maximum punishment of 10 years and further this appeal is of
the year 2024 and as such in the near future there is no
likelihood of taking up of the appeal, is of the view that it is
case where the appellant has made out a case for suspension of
sentence.
7. Therefore, this Court is of the view, the sentence is to be
suspended, during pendency of the appeal.
8. Accordingly, the instant Interlocutory Application is
allowed.
9. In view thereof, the appellant named above, is directed to
be released on bail on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand only) with two sureties of the like
amount each to the satisfaction of learned Additional Judicial
Commissioner-IV-cum-Special Judge, POCSO, Ranchi in
connection with POCSO Case No. 10 of 2018 arising out of
Lapung P.S. Case No. 04 of 2018.
10. It is made clear that any observation made hereinabove
will not prejudice the case of the parties on merit since the
appeal is lying pending for its consideration.
(Sujit Narayan Prasad, J.)
(Gautam Kumar Choudhary, J.)
Alankar/-
19th September, 2025
