Jharkhand High Court
Birsa Kandir vs The State Of Jharkhand on 13 July, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev No. 104 of 2021
-----------
Birsa Kandir .....Petitioner
Versus
The State of Jharkhand ....Opposite Party
-----
Coram: HON'BLE MR JUSTICE RAJESH KUMAR
-----
For the Petitioner : Mr. Amarendra Kumar, Advocate
For the State : Mr. Saket Kumar, 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.
----
I. A. No. 1812 of 2021
05/13.07.2021 Heard learned counsel for the parties.
The present interlocutory application has been filed on behalf of the
petitioner for suspension of sentence, during pendency of the instant revision
petition.
The petitioner has been convicted and sentenced by the Sub-Divisional
Judicial Magistrate, Khunti in connection with Murhu P. S. Case No. 10 of 2011
corresponding to G. R. No. 39 of 2011 (T.R. No. 47 of 2016) for the offence
under Section 25(1-B)a of the Arms Act, R.I. for two years along with fine of Rs.
2000/- and under Sections 26(1) of the Arms Act R.I. for two years along with
fine of Rs. 2000/- and in case of default in payment of fine, three months S.I. for
each offence. Both the sentences were directed to be run concurrently. In appeal
being Criminal Appeal No. 03 of 2016, vide judgment dated 03.03.2020, the
District & Additional Sessions Judge-II, Khunti has affirmed the conviction, but
modifying the sentence to the extent that the petitioner has to undergo R.I. for
one year for the offence under Section 25(1-B) a of the Arms Act with fine of Rs.
2000/- and R.I. for one year under Section 26(1) of the Arms Act with fine of Rs.
2000/- and in case of default in payment of fine, three months S.I. for each
offence. Both the sentences were directed to be run concurrently.
It has been submitted by the counsel for the petitioner that the petitioner is
in custody for about ten months out of one year of sentence. On the above fact,
prayer for bail has been made.
On the other hand learned counsel for the State has opposed the prayer for
bail.
Considering the period of custody and in the attending facts and
circumstances of the case, during pendency of this criminal revision, I am inclined
to suspend the sentence and enlarge the petitioner on bail, on furnishing bail bond
of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the
satisfaction of Sub-Divisional Judicial Magistrate, Khunti in connection with
Murhu P. S. Case No. 10 of 2011 corresponding to G. R. No. 39 of 2011 (T.R. No.
47 of 2016 on the conditions that the petitioner will deposit fine amount of Rs.
4,000/- in the Court below before his release and further the petitioner will submit
self attested copy of his Aadhar Card and also give his mobile number before the
learned court below, which he will not change during the pendency of this case
without prior permission of the court.
I. A. No. 1812 of 2021 stands disposed of.
Cr. Rev No. 104 of 2021
Admit.
Issue Notice.
Lower Court Records has already been received.
(Rajesh Kumar,J)
kamlesh/
