Punam Topno @ Punam Surian vs The State Of Jharkhand
2021 Latest Caselaw 645 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   I.A. No. 1151 of 2020
                         in
                   Cr. Appeal (S.J.) No. 100 of 2020
                         ...

Punam Topno @ Punam Surian .... Appellant

-V e r s u s-

The State of Jharkhand ..... Respondent ...

Coram: HON'BLE MR. JUSTICE AMITAV K. GUPTA ...

For the Appellant : Mr. Gaurav, Advocate. For the State : Mr. Rakesh Kumar No. 2, APP.

...

I.A. No. 1151 of 2020 ...

05/10.02.2021

1. This interlocutory application has been filed under Section 389

(1) of the Code of Criminal Procedure for suspension of the sentence

and grant of ad-interim bail to the appellant, during the pendency of

the appeal.

2. The appeal is directed against the judgment dated 17.12.2019, in

Sessions Trial No. 112 of 2017 passed by the court of learned

Additional Sessions Judge-I, Simdega, whereby the appellant has been

found guilty and convicted for the offence under Section 25 (1-A)/35

and under Section 26 (2)/35 of the Arms Act and Section 17 (2) of the

C.L.A. Act and sentenced to undergo rigorous imprisonment of 5 years

under the Arms Act and rigorous imprisonment of 3 years under the

C.L.A. Act and a fine of Rs.10,000/- and Rs.3,000/- in default, thereof,

to suffer rigorous imprisonment of 6 months.

3. Having heard the learned counsel for the appellant and learned

A.P.P. and on perusal of the materials on record, it appears that on

search by the Mahila chowkidar 4/3 Parwati Kumari, 25 round of

prohibited 5.56 m.m. brash live cartridges of INSAS rifle wrapped in

white colour handkerchief were recovered from the possession of this appellant, which is supported by the witnesses.

4. In view of the materials on record, I am not inclined to suspend

the sentence and enlarge the appellant on bail at this stage.

5. The appellant is at liberty to renew his prayer for bail, if the

appeal is not taken up for hearing within six months.

6. In the result, I.A. No. 1151 of 2020 stands rejected.

(AMITAV K. GUPTA, J.) APK