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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD
Jairam Mandal, Son Of Mahendra Mandal – Appellant
Versus
State Of Jharkhand – Respondent
ORDER :
I.A. No. 3111 of 2025
1. This Criminal Revision Application No.1193 of 2024 has been filed on behalf of the petitioner challenging the judgment dated 06.08.2024 passed in Criminal Appeal No.37 of 2024 by Sri Dharmendra Kumar Singh, learned Addl. Sessions Judge-IV, Dumka by which the appeal has been dismissed thereby affirming the judgment of conviction and order of sentence dated 18.10.2023 passed by Smt. Paridhi Sharma, J.M. 1st Class, Dumka in connection with G.R. Case No.47 of 2023 arising out of Saraiyahat P.S. Case No. 73 of 2022 corresponding to T.R. No.1685 of 2023 by which the petitioner has been convicted for the offence under Section 25(1-B) a of the ARMS ACT and sentenced to undergo R.I. for three (03) years and to pay the fine of Rs.5000/-
2. I.A. No. 3111 of 2025 has been filed on behalf of the petitioner for grant of bail to the petitioner, during pendency of this Criminal Revision Application.
3. Heard Mr. Awanish Shekhar, learned counsel for the petitioner and Mr. Saket Kumar, learned A.P.P.
4. Learned counsel for the petitioner has submitted that the impugned judgments and order of sentence passed by learned Courts below are illegal and not sustainable in the ey
The court confirmed that lengthy pre-trial detention and parallel bail granted to co-accused warrant consideration for bail in criminal cases.
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 absence of independent witnesses in a criminal case raises concerns about the credibility of the prosecution's evidence, impacting the decision on bail.
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.
The court emphasized that the duration of custody is a significant factor in considering bail applications.
The court emphasized the necessity of witness support in criminal prosecutions and considered the duration of custody when granting bail.
The court emphasized the necessity of credible witness identification and the examination of all relevant evidence in criminal proceedings.
Bail granted in Arms Act case despite prior criminal history, provided conditions met.
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