IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD, J.
Jairam Mandal S/o Mahendra Mandal - Appellant
Versus
State of Jharkhand - Respondent
Cr. Rev. No. 1193 of 2024
Decided On : 18-03-2025
| Table of Content |
|---|
| 1. challenging conviction and sentencing under arms act. (Para 1) |
| 2. petitioner's bail application on grounds of false allegation. (Para 2 , 4 , 6) |
| 3. court's consideration of opposing arguments for bail. (Para 3 , 5 , 7) |
| 4. court's observations on custody and co-accused. (Para 8) |
| 5. bail granted under specific conditions. (Para 9) |
| 6. conclusion of the judgment and future proceedings. (Para 10 , 11) |
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 eye of law. It is submitted that that there is false allegation against the petitioner for carrying the fire arm. It is submitted that the co-accused of this case namely Mukesh Kumar Mandal @ Mukesh Kr. Mandal has been granted bail by the Co-ordinate Bench (Justice Ratnaker Bhengra as then His Lordship was) of this Court in Criminal Revision No.465 of 2024 and it is also submitted that the petitioner is in custody since 29.09.2022 hence, the petitioner may be enlarged on bail.
5. On the other hand, learned A.P.P. opposed the prayer for bail.
6. It is submitted that this is a case of recovery of country made pistol and two live cartridges from the possession of the petitioner and hence the prayer for bail may be rejected.
7. Having heard learned counsel for both the sides and going through the records of this case, it appears that the co-accused of this case namely Mukesh Kumar Mandal @ Mukesh Kr. Mandal has been granted bail by the Co-ordinate Bench (Justice Ratnaker Bhengra, as then His Lordship was) of this Court in Criminal Revision No.465 of 2024.
8. It appears that the petitioner is in custody since29.09.2022.
9. Considering the facts and circumstances of this case and the custody of the petitioner, the petitioner namely Jairam Mandal is directed to be released on Bail, on furnishing bail bonds of Rs.10,000/- (Rs.Ten Thousand) with two sureties of the like amount each, to the satisfaction of Smt. Paridhi Sharma, J.M. 1st Class, Dumka or her Successor Court in connection with G.R. Case No.47 of 2023 arising out of Saraiyahat P.S. Case No.73 of 2022.
10. Thus, I.A. No.3111 of 2025 is allowed and stands disposed of.
Cr. Rev. No. 1193 of 2024
11. Put up this case after six months for Admission.
AI
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