Pintu Kumar Yadav @ Pintu Yadav vs The State Of Jharkhand
2021 Latest Caselaw 4839 Jhar

                        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               Criminal Revision No. 759 of 2020
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Pintu Kumar Yadav @ Pintu Yadav .... Petitioner Versus The State of Jharkhand .... Opposite Party ....

              CORAM:           HON'BLE MR. JUSTICE RAJESH KUMAR

               For the Petitioner              : Mr. Vikash Kumar, Adv.
               For the State                   : APP
                                               ....

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

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09/15.12.2021 I.A. No.5545 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 of conviction and order of sentence dated 31.08.2020 passed by the learned Addl. Sessions Judge-III, Deoghar in Criminal Appeal No.142 of 2018, who has affirmed the judgment and order of sentence dated 11.12.2018 passed by the learned Judicial Magistrate 1st Class, Deoghar in connection with G.R. Case No.788 of 2017 arising out of Deoghar (Town) P.S. Case No.306 of 2017, whereby the petitioner has been found guilty for the offence under Section 25(1-B) a of the Arms Act and sentenced to undergo S.I. for three years with a fine of Rs.500/- and in default of payment of fine, he shall further sentenced to undergo S.I. for one month.

It has been submitted by learned counsel for the petitioner that as per the P.W.-6, the fire arm in question has been visually inspected only and its efficacy has not been checked by using it. It has been further submitted that the petitioner is remained in custody for nine months. On above fact, prayer for suspension of sentence has been made.

In view of above submission, 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, Deoghar in connection with G.R. Case No.788 of 2017 arising out of Deoghar (Town) P.S. Case No.306 of 2017.

However, the court below before issuing the release order will satisfy itself regarding the fact that the petitioner has remained in custody for nine months. If not, then no release order will be issued rather the matter will be reported to this Court.

I.A. No.5545 of 2021 stands disposed of.

(Rajesh Kumar, J.) Shahid/