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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD
Rajesh Rai – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. challenge against lower court's judgment. (Para 1) |
| 2. bail application during appeal process. (Para 2 , 3) |
| 3. opposition to bail motion by prosecution. (Para 4 , 5) |
| 4. details of prior custody and procedural history. (Para 6 , 10) |
| 5. court's review of appeal process. (Para 8 , 12) |
| 6. order for bail granted. (Para 15) |
| 7. granting of bail during pendency (Para 16) |
| 8. next steps for the case. (Para 17) |
JUDGMENT :
This Criminal Revision Application has been filed on behalf of the petitioner by challenging the judgment dated 19.03.2024 passed by Shri Shyam Nandan Tiwari, learned Additional Sessions Judge-I, Madhupur (Deoghar) in Criminal Appeal No. 01 of 2023 by which the appeal filed on behalf of the petitioner has been dismissed thereby, affirming the judgment of conviction and order of sentence dated 24.11.2022 passed by Sri Amit Kumar Vaish, learned A.C.J.M, Madhurpur in connection with G.R Case No. 269/2007 corresponding to Karon P.S. Case No. 50/2007 by which the petitioner has been convicted for the offence under Section 25 (1-B) a of the Arms Act and Section 26(1) of the Arms Act and sentenced to undergo R.I for three (03) years each and to pay the fine of Rs. 10,000/-
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.
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 that the duration of custody is a significant factor in considering bail applications.
A court may grant bail considering the duration of custody, despite serious charges, when supported by comparable cases.
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 can reduce a sentence based on the time already served and the circumstances surrounding the case, even when upholding a conviction.
The court emphasized the necessity of witness support in criminal prosecutions and considered the duration of custody when granting bail.
Negligence under Indian Penal Code sections 279 and 304A requires evidence of recklessness leading to fatal consequences, with affirmed convictions supporting the effectiveness of judicial decisions.
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