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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD
Vikash Kumar Vishwakarma @ Bittu Vishwakarma – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
I.A. No.4227 of 2025
This Criminal Revision Application has been filed on behalf of the petitioner challenging the judgment dated 02.07.2024 passed by Ms. Kusum Kumari, learned Additional Sessions Judge-II, Ramgarh in Cr. Appeal No.20 of 2020 by which the appeal filed on behalf of the petitioner has been dismissed thereby affirming the judgment of conviction and order of sentence dated 14.02.2020 passed by Sri Rajesh Kumar- II, learned A.C.J.M, Ramgarh, in connection with Patratu (Bhurkunda) P.S. Case No.240 of 2011 (corresponding to G.R. Case No.3393 of 2011) by which the petitioner has been convicted for the offence under Section 25(1-B)a/35 of Arms act and sentenced to undergo R.I. for three (03) years for each of the offence and to pay the fine of Rs.10,000/- for each of the offence.
2. I.A. No.4227 of 2025 has been filed on behalf of the petitioner for suspension of sentence and for grant of bail to the petitioner, during pendency of the present Criminal Revision Application.
3. Heard Mr. R.S. Mazumdar, learned Senior Counsel for the petitioner and learned APP for the State.
4. Learned counsel for the petitioner submitted that the impugned judgments and sentence passed b
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 confirmed that lengthy pre-trial detention and parallel bail granted to co-accused warrant consideration for bail in criminal cases.
The court emphasized the necessity of credible witness identification and the examination of all relevant evidence in criminal proceedings.
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 necessity of witness support in criminal prosecutions and considered the duration of custody when granting 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.
Conviction under the Arms Act requires independent corroboration of evidence, especially from police witnesses; the prosecution must prove guilt beyond a reasonable doubt.
The prosecution must prove its case beyond a reasonable doubt; failure to adhere to legal standards and evidentiary requirements can result in acquittal.
The court reduced the appellant's sentence for illegal possession of a firearm due to its harshness while affirming the conviction for assault under IPC, emphasizing the need for correct punitive mea....
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