Jharkhand High Court
Lokendra Yadav @ Naveen Jee vs The State Of Jharkhand on 9 July, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (S.J.) No.646 of 2019
With
I.A. No.3250 of 2020
Lokendra Yadav @ Naveen Jee ... ... Appellant
Versus
The State of Jharkhand ...... Respondent
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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18/09.07.2021 Heard Mr. A.K. Chaturvedy, learned counsel
appearing on behalf of the appellant.
2. Heard Mr. Saket Kumar, learned counsel for the
respondent.
3. The present appeal is directed against the judgment of
conviction dated 22.05.2019 and order of sentence dated
22.05.2019 passed by the learned Additional Sessions Judge-II,
Palamau in Sessions Trial Case No. 364 of 2016 arising out of
Panki P.S. Case No. 50/16 corresponding to G.R. Case No.
935/16 registered under Sections 25(1-A)26/27/35 of Arms Act
and Sections 384, 385, 307, 353/34 of Indian Penal Code,
whereby the appellant was sentenced to undergo rigorous
imprisonment for a period of 05 years for committing offence
under Section 25(1-A) of the Arms Act and also to pay a fine of
Rs. 10,000/-, in default of payment of fine, the appellant was
also undergo further simple imprisonment for a period of six
months.
4. Learned counsel for the appellant submits that the
appellant has been convicted for offence registered under
Section 25(1-A) of the Arms Act and has been sentenced to
undergo rigorous imprisonment for a period of 5 years. He
submits that the appellant has already completed more than
half of the sentence and the prayer for suspension of sentence
of the appellant was rejected vide order dated 24.01.2020. He
further submits that on account of completion of more than half
of the sentence, the appellant has filed the present interlocutory
application for bail. He also submits that as on date there is no
likelihood of the present appeal be heard on merits and the
appellant may be released on bail. He submits that the appellant
is ready to abide by any condition that may be imposed by this
Court.
5. Learned counsel for the respondent on the other hand
submits that there are other criminal cases pending whose
details have been mentioned in affidavit dated 30.06.2021 and
accordingly he opposes the prayer for bail of the appellant.
6. After hearing the learned counsel for the parties and
considering the fact that the appellant has already served more
than half of the sentence in connection with the present case as
submitted by the learned counsel for the appellant, the
appellant is directed to be released on bail during the pendency
of this appeal on furnishing bail bonds of Rs. 25,000/-(Rupees
twenty five thousand) with two sureties of the like amount each
to the satisfaction of the learned Additional Session Judge II,
Palamau, in connection with S.T. No.364/16 arising out of
Panki P.S. Case No.50/16 corresponding to G.R. Case
No.935/16, on the following conditions:
i) One of the bailors should be the father of the appellant.
ii) He should deposit the fine amount imposed by the
learned court below.
iii) The appellant would submit attested Xerox copy of his
Aadhar card and phone number before the court below,
which he will not change during the pendency of this
appeal without permission of the Court.
iv) The appellant would contact the officer - in - charge of
the concerned police station in which he is residing, on
phone on first Monday of every month.
7. In case of non-compliance of any of the aforesaid
condition, it will be open to the respondent to seek cancellation
of the bail granted to the appellant.
8. The learned court below shall verify the custody period
of the appellant and be satisfied that the appellant has served 2
and ½ years in relation to the present case before accepting the
bail bond.
9. Accordingly, I.A. No.3250 of 2020 stands allowed with
the aforesaid conditions.
10. Let this order be communicated through FAX/e-mail to
the concerned court.
(Anubha Rawat Choudhary, J.)
Saurav/
