Santosh Thakur vs The State Of Jharkhand
2021 Latest Caselaw 650 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   I.A. No. 1098 of 2020
                         in
                   Cr. Appeal (S.J.) No. 95 of 2020
                         ...

Santosh Thakur                         ....         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. Praveen Kr. Appu, APP.

...

I.A. No. 1098 of 2020 ...

06/10.02.2021

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 30.11.2019

in Sessions Trial No. 131 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 2 years under the C.L.A. Act and a fine of

Rs.10,000/, Rs.3,000/- and Rs.5,000/- respectively, on each count,

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 the

witnesses have stated that 20 rounds of live cartridges of 5.56mm

were recovered from the possession of the appellant.

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. 1098 of 2020 stands rejected.

(AMITAV K. GUPTA, J.) APK