IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD
Sawna Oraon – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
I.A. No.3752 of 2025
This Criminal Revision Application has been filed by the petitioner by challenging the judgment of conviction and sentence dated 16.06.2016 passed in Criminal Appeal No.211 of 2013 by Md. Taufiqul Hassan, Additional Judicial Commissioner-XI, Ranchi by which the appeal has been dismissed and thereby affirming the judgment of conviction and order of sentence dated 13.08.2013 passed by Ms. Shweta Kumari, Judicial Magistrate 1st Class, Ranchi in connection with G.R. Case No.1747 of 2012 arising out of Lapung P.S. Case No.13 of 2012 corresponding to T.R. No. 39 of 2013, by which the petitioner has been convicted for the offences under Sections 25(1-B)a, and 26/ 35 of the Arms Act and sentenced to undergo R.I. for one year and six months and R.I. for two years and six months and to pay a fine of Rs.500/- and Rs.1,000/- respectively.
Both the sentences have been directed to run concurrently.
2. I.A. No.3752 of 2025 has been filed on behalf of the petitioner for suspension of sentence and grant of bail during the pendency of this Criminal Revision.
3. Heard learned counsel for the petitioner and learned counsel for the State.
4. Learned counsel for the petitioner
The court emphasized the necessity of witness support in criminal prosecutions and considered the duration of custody when granting bail.
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.
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 importance of considering the duration of custody when granting bail, alongside the evaluation of evidence and procedural fairness in criminal convictions.
Delay in filing appeals may be excused under the Limitation Act when supported by justifiable reasons, and prolonged custody may warrant bail during pending revisions.
The court emphasized the necessity of credible witness identification and the examination of all relevant evidence in criminal proceedings.
The court emphasized that the duration of custody is a significant factor in considering bail applications.
The court may grant bail if the period of custody is excessive and not justified by the expeditious progress of the case.
A court may grant bail considering the duration of custody, despite serious charges, when supported by comparable cases.
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