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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD
Ankit Purty – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
(Sanjay Prasad, J.)
I.A. No.521 of 2025
This Criminal Appeal has been filed on behalf of the appellant by challenging the judgment of conviction dated 17.08.2024 and sentence dated 24.08.2024 passed in S.T. Case No.518 of 2021 arising out of Lalpur P.S. Case No.463 of 2018 by Sri Amit Shekhar, learned Additional Judicial Commissioner-XV- cum-FTC (CAW) Ranchi by which the appellant has been convicted for the offence 25(1-A) and 26(2) of Arms Act and sentenced to undergo R.I. for six (06) years and R.I. for five (05) years respectively and to pay fine of Rs.15,000/- and Rs.10,000/-respectively.
However, both the sentences have been directed to run concurrently.
2. I.A. No.521 of 2025 has been filed on behalf of the appellant for suspension of sentence and grant of bail.
3. Learned counsel for the appellant submitted that the impugned judgment and sentence passed by the learned Courts below are illegal, arbitrary and not sustainable in eye of law. It is submitted that this is a case of recovery of one country made pistol from the open place from the house which was under construction and the informant has not identified the appellant during the evidence. It is submitted that the
The court emphasized the necessity of credible witness identification and the examination of all relevant evidence in criminal proceedings.
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 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....
The court established that lack of criminal antecedents and prolonged judicial custody can justify the granting of bail despite allegations of serious offences.
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 the necessity of witness support in criminal prosecutions and considered the duration of custody when granting bail.
The court confirmed that lengthy pre-trial detention and parallel bail granted to co-accused warrant consideration for bail in criminal cases.
Court determined petitioners lacked conscious possession of the firearm, warranting bail.
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