Naseem Ansari vs The State Of Jharkhand
2021 Latest Caselaw 782 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  I.A. No.11472 of 2019
                          In
            Cr. Appeal (S.J.) No.1191 of 2019

    Naseem Ansari                           ......        Appellant

                          Versus
    The State of Jharkhand                  .....     Respondent
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CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA

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For the Appellant : Mr. Sanjay Kumar Sinha, Advocate For the State : Mr. R. K. Mahtha, A.P.P.

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05/Dated: 18th February, 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 petitioner/ appellant, during the pendency of the appeal.

2. The appeal is directed against the judgment dated 08.11.2019, passed in S.T. No. 143 of 2018 by the court of learned Additional Sessions Judge - IV, Dumka, whereby the appellant was found guilty and convicted for the offence under Sections 25(1-A) and 26 of the Arms Act, and sentenced to undergo rigorous imprisonment of five years and to pay a fine of Rs.5,000/- on each count, in default thereof, to suffer simple imprisonment of six months.

3. Learned counsel for the appellant has submitted that there is anomaly with respect to the time of preparation of seizure list as in the F.I.R it is alleged that seizure was made at 06:00 A.M., whereas it would be evident from the seizure list that it was prepared at 07:00 A.M.

It is argued that the car on which the appellant was travelling along with others has not been seized neither the owner of the car has been made an accused. The independent witness has stated that the seizure list was prepared at the police station. It is submitted that the appellant is in custody for nearly two years.

4. Learned A.P.P has opposed the prayer for bail.

5. Heard. On perusal of the materials on record, it transpires that P.Ws.-1, 2, 3, 4 & 5, the police personnel,

who were the members of the raiding party, have stated that a red colour Hyundai Eon Car was intercepted and on search three country made loaded pistols were recovered from the occupants. The appellant was an occupant of the said car.

In view of the materials on record, I am not inclined to suspend the sentence and grant bail to the appellant.

6. I.A. No.11472 of 2019 stands rejected.

7. The appellant is at liberty to renew his prayer for bail, if the appeal is not taken up for hearing by July, 2021.

Cr. Appeal (S.J.) No.1191 of 2019

1. Office to list the appeal under the heading 'For Hearing', in seriatim.

(AMITAV K. GUPTA, J.) Chandan/-