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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE SANJAY PRASAD, J
Kapil Gope, son of Narayan Gope – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
SANJAY PRASAD, J.
This Criminal Revision has been filed on behalf of the petitioner by challenging the judgment dated 17.08.2024 passed in Criminal Appeal No. 14 of 2024 by Sri Sanjeev Bhatia, learned Additional Sessions Judge-IV- Gumla by which learned Additional Sessions Judge-IV, Gumla has dismissed the appeal filed by the petitioner by affirming the judgment of conviction and order of sentence dated 11.06.2024 passed by Sri Manoranjan Kumar-II, learned Assistant Sessions Judge-I, Gumla in S.T. No. 233 of 2014 arising out of Sisai P.S. Case No. 93 of 2011 ( G.R. Case No. 587 of 2011) by which the petitioner has been convicted for the offences under sections 25(1A)/35 of Arms Act and section 353/34 of the I.P.C. and sentenced to undergo R.I. for two (02) years and to pay the fine of Rs. 2,000/- for offence under section 353/34 of the I.P.C. and R.I. for 05 years and to pay the fine of Rs. 5,000/- for the offence under section 25 (IA) /35 of Arms Act.
2. I.A. No. 995 of 2025 has been filed on behalf of the petitioner for grant of bail, during pendency of the present Criminal Revision Application .
3. Heard, learned counsel for the petitioner and learned counsel for the State.
4
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.
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 can reduce a sentence based on the time already served and the circumstances surrounding the case, even when upholding a conviction.
The court confirmed that lengthy pre-trial detention and parallel bail granted to co-accused warrant consideration for bail in criminal cases.
A court may grant bail considering the duration of custody, despite serious charges, when supported by comparable cases.
The court condoned a significant delay in filing a revision application and granted bail based on the petitioner's lengthy custody and the circumstances of the case.
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