The court emphasized that the duration of custody is a significant factor in considering bail applications.

ORDER :

SANJAY PRASAD, J.

This Criminal Revision has been filed on behalf of the petitioner by challenging the judgment dated 17.08.2024 passed in Criminal Appeal No. 15 of 2024 by Sri Sanjeev Bhatia, learned Additional Sessions Judge-IV, Gumla by which learned Additional Sessions Judge-IV, Gumla has dismissed the appeal filed by the petitioner by affirming the judgment of conviction and order of sentence dated 11.06.2024 passed by Sri Manoranjan Kumar-II, learned Assistant Sessions Judge-I, Gumla in S.T. No. 233 of 2014 arising out of Sisai P.S. Case No. 93 of 2011 ( G.R. Case No. 587 of 2011) by which the petitioner has been convicted for the offences section 353/34 of the I.P.C and sentenced to undergo R.I. for two years and to pay the fine of Rs. 2,000/- and further sentenced to undergo R.I. for five (05) years and to pay the fine of Rs. 5,000/- for the offence under section 25(1A)/35 of the Arms Act .

2. I.A. No. 10878 of 2024 has been filed on behalf of the petitioner for grant of bail, during pendency of the present Criminal Revision Application .

3. Heard, learned Senior Counsel for the petitioner and learned counsel for the State.

4. It is submitted by the learned Senior Counsel for the petitioner that impugned judgments and sentence passed by the Courts below are illegal arbitrary and not sustainable in eye of law. It is submitted that the petitioner is innocent and has committed no offence. It is submitted that earlier the petitioner was in custody from 06.07.2011 to 16.12.2011 during the trial and after dismissal of the appeal the petitioner surrendered on 11.06.2024 till now total custody is about 15 months and hence, the petitioner may be enlarged on bail.

5. On the other hand, the learned A.P.P. appearing for the State has opposed the prayer for bail.

6. Perused the F.I.R., Lower Court Records of this case, and considered the submission of both the sides.

7. It appears that one country made pistol and five bullets of .315 bore was recovered from the petitioner.

8. It appears that the petitioner was in custody since 06.07.2011 to 16.12.2011.

9. It appears from the record that the learned Trial Court i.e. the learned Additional Sessions Judge-IV, Gumla has cancelled the bail of the petitioner on 11.06.2024.

10. It further reveals from the record that the petitioner had signed the vakalatnama in the Jail on 07.08.2024 through Assistant Jailor Superintendent, Gumla . Thus the petitioner is in custody for more than eight (08) months and it reveals that total custody of the petitioner is around 15 months.

11. Considering the facts and in the circumstances of the case and considering the period of custody of the petitioner, namely Aditya Gope @ Badal Gope is directed to be released on bail, on furnishing bail bond Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Sri Manoranjan Kumar-II, learned Assistant Sessions Judge-I, Gumla, or his Successor Court in S.T. No. 233 of 2014 arising out of Sisai P.S. Case No. 93 of 2011 ( G.R. Case No. 587 of 2011) subject to the condition that one of the bailors must be the own relative of the petitioner.

12. Thus, I.A. No. 10878 of 2024 is allowed and stands disposed of.

Cr. Rev. No. 944 of 2024

13. Put up this case on month of September, 2025, under the heading “For Admission”.