IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE SANJAY PRASAD, J
Aditya Gope @ Badal Gope Aged Son Of Raja Ram Gope – Appellant
Versus
State Of Jharkhand – Respondent
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 Counse
The court emphasized that the duration of custody is a significant factor in considering bail applications.
The court emphasized the importance of considering the duration of custody when granting bail, alongside the evaluation of evidence and procedural fairness in criminal convictions.
Conviction for illegal possession of firearms upheld, resulting in a three-year sentence; bail granted pending appeal based on the consideration of petitioner's custody history.
The court emphasized the significance of custody duration in bail considerations, allowing the petitioner bail after eight months of incarceration.
The court condoned a significant delay in filing a revision application and granted bail based on the petitioner's lengthy custody and the circumstances of the case.
The court affirmed the conviction under Section 138 of the N.I. Act, emphasizing the necessity of compensation and the legal obligation of cheque issuance.
Court considerations for bail include the duration of custody and the gravity of allegations, emphasizing that prolonged detention can warrant bail even in serious cases.
The court granted bail during a pending criminal revision considering the petitioner's custody duration while imposing conditions to prevent future offenses.
A court may grant bail considering the duration of custody, despite serious charges, when supported by comparable cases.
The court granted bail considering the petitioner's prolonged custody and the nature of matrimonial disputes, emphasizing the importance of these factors in bail decisions.
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