LAXMAN SINGH MUNDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant interlocutory application has been preferred by the appellant for suspension of sentence provisionally in connection with judgment of conviction 16/8/2019 and order of sentence dtd. 17/8/2019 passed in Sessions Trial Case No. 600 of 2017 arising out of G.R. Case No. 4242 of 2017, corresponding to Sonahatu P.S. Case No. 34 of 2017 by the court of learned Additional Judicial Commissioner- XVIII-cum- Special Judge, POCSO, Ranchi whereby and whereunder the appellant has been convicted for the offence punishable under Sec. 366/34,376(2) of the I.P.C and Sec. 4 and 6 of the POCSO Act and has been sentenced to undergo R.I. for 5 years with a fine of Rs.5000.00 and a default sentence under Sec. 366/34 IPC; R.I. for 12 years with a fine of Rs.8000.00 and a default sentence under Sec. 376(2) IPC ; R.I. for 7 years with a fine of Rs.8000.00 and a default sentence under Sec. 4 of the POCSO Act and no separate sentence has been passed under Sec. 6 of the POCSO Act in view of Sec. 42 of the Act.

(2.) The ground taken for grant of provisional bail, as would appear from the instant interlocutory application is that the father of the appellant has died on 29/8/2023 and the last rituals as per their custom is to be held on 10/9/2023.

(3.) The contention has been made that the appellant wants to attend the last rites of his father and perform the rituals in the house. Appellant, on the aforesaid ground, has filed instant application.