Md. Sakib Khan @ Golu @ Shaqib vs The State Of Jharkhand
2021 Latest Caselaw 2778 Jhar

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                   I.A. No.3839 of 2020
                                            In
                             Criminal Appeal (S.J.) No.375 of 2020
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Md. Sakib Khan @ Golu @ Shaqib ... ... Appellant Versus The State of Jharkhand ... ... Respondent

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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           For the Appellant             : Mr. Bibhash Sinha, Adv.
           For the State                 : Mr. Pankaj Kr., A.P.P.
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The matter was taken up through Video Conferencing. Learned counsel for the parties had no objections with it and submitted that the audio and video qualities are good.

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I.A. No.3839 of 2020

04/09.08.2021: This interlocutory application has been filed on behalf of the appellant under Section 389 (1) of the Code of Criminal Procedure, for suspension of sentence and release him on bail, during pendency of the instant appeal.

2. The appellant has been convicted for the offence under Section 25(1-A) and 26 of the Arms Act vide judgment of conviction dated 24.01.2020 and has been sentenced vide order of sentence dated 27.01.2020 passed by the learned A.J.C.-VI, Ranchi in S.T. No.24 of 2019 arising out of Kotwali P.S. Case No.209 of 2018 (G.R. No.4390 of 2018), whereby the appellant has been sentenced to undergo Rigorous Imprisonment of five (05) years with fine of Rs.5,000/- for the offence under Section 25(1-A) of the Arms Act and in default thereof to undergo additional two months Simple Imprisonment. The appellant has further been sentenced to undergo Rigorous Imprisonment for five years with a fine of Rs.5,000/- for the offence under Section 26 of the Arms Act and in default, to undergo Simple Imprisonment of two months.

3. It has been submitted by the learned counsel for the appellant that the appellant has been remained in custody for one year eleven months and twenty days. The appellant has been convicted for the offence under the Arms Act, although the Arms seized at best comes under the restricted category. Further, the trial court has not discussed

the category of the Arms. The recovered Arms at the best comes under the restricted category not under the prohibited category. On the basis of above facts, the prayer for suspension of sentence has been made.

4. Learned counsel for the State has opposed the prayer for bail.

5. In the attending facts and circumstances of the case and considering the period of custody, this Court is inclined to suspend the sentence of the appellant and enlarge him on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.J.C.-VI, Ranchi in S.T. No.24 of 2019 arising out of Kotwali P.S. Case No.209 of 2018 (G.R. No.4390 of 2018), subject to the condition that the appellant will submit self-attested photocopy of his Aadhar Card and also submit his mobile number before the learned court below which he will always keep active and will not change it during pendency of this case without prior permission of the court.

6. In the result, I.A. No.3839 of 2020 is, hereby, allowed.

7. The appellant shall remain present before the Court, when the appeal is taken up for hearing, failing which his bail shall be cancelled.

(Rajesh Kumar, J.)

Amar/-