Niku Vishwakarma @ Nikku ... vs The State Of Jharkhand
2021 Latest Caselaw 3067 Jhar

                     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            Criminal Revision No. 805 of 2020
                                        ....

Niku Vishwakarma @ Nikku Vishwakarma .... Petitioner Versus The State of Jharkhand .... Respondent ....

            CORAM:          HON'BLE MR. JUSTICE RAJESH KUMAR

            For the Petitioner             : Mr. Sheo Kr. Singh, Adv.
            For the State                  : Mr. Satish Prasad, APP
                                           ....

The matter was taken up through Video Conferencing. Learned counsel for the parties had no objection with it and submitted that the audio and video qualities are good.

07/24.08.2021 I.A. No.2584 of 2021 The present interlocutory application has been filed on behalf of the petitioner for suspension of sentence, during pendency of the instant criminal revision petition.

The instant criminal revision has been filed against the judgment and order of conviction dated 11.02.2020 passed in Criminal Appeal No.21/2019 by the court of learned Additional Sessions Judge-III, Palamau at Daltonganj, who has affirmed the order of sentence and conviction dated 23.02.2019 passed by the Judicial Magistrate, 1st Class, Palamau at Daltonganj for the offence under Section 25(1-B) a and 26 (i)/35 of the Arms Act in connection with Sadar (Shahar) P.S. Case No.322/2016 corresponding to G.R. No.2199/2016 and the petitioner has been sentenced to undergo R.I. for two years with a fine of Rs. 1,000/- for the offence under 25(1-B) a of the Arms Act and further sentenced to undergo R.I. for two years and fine of Rs. 1,000/- for the offence under 26(i) of the Arms Act and in default of payment of fine, further R.I. of 15 days.

Learned counsel for the petitioner has submitted that the maximum punishment awarded is two years and out of two years the petitioner has already served half of the sentence. On that ground, prayer for bail has been made.

Considering the nature of allegation and the fact that the petitioner has served half of the sentence, I am inclined to suspend the sentence of this petitioner. Accordingly the petitioner is directed to be enlarged 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 learned Judicial Magistrate, 1st Class, Palamau at Daltonganj in connection with Sadar (Shahar) P.S. Case No.322 of 2016 corresponding to G.R. No.2199 of 2016, subject to the condition that the petitioner shall remain present before the Court as and when the case is taken up for hearing, failing which his bail bond shall be cancelled.

However, the court below before issuing the release order will satisfy itself regarding the fact that the petitioner has completed half of the sentence. If not, then no release order will be issued rather the matter will be reported to this Court.

I.A. No.2584 of 2021 stands disposed of.

(Rajesh Kumar, J.) Shahid/