Rahul Kumar Singh vs The State Of Jharkhand
2021 Latest Caselaw 1023 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  I.A. No.3866 of 2020
                            In
             Cr. Revision No.1256 of 2019

    1.   Rahul Kumar Singh
    2.   Bikas Bera                               ......       Petitioner

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

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For the Petitioner : Mr. Shravan Kumar, Advocate For the State : Mr. N. K. Ganjhu, A.P.P

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st 08/Dated: 01 March, 2021

I.A. No.3866 of 2020

1. Learned counsel for the petitioners has submitted that he is not pressing the bail petition on behalf of petitioner No.01, Rahul Kumar Singh, who has been released from jail custody after serving out the sentence.

2. This interlocutory application has been filed under Section 401 of the Code of Criminal Procedure for suspension of the sentence and grant of ad-interim bail, to the petitioner No.02, during the pendency of the revision.

3. The revision is directed against the judgment dated 30.07.2019, passed by the court of learned District & Additional Sessions Judge - X, -cum- F.T.C., East Singhbhum at Jamshedpur, in Cr. Appeal No.18 of 2019, affirming the judgment dated 19.12.2018, passed by the court of learned Chief Judicial Magistrate, East Singhbhum at Jamshedpur, in G.R. No.1005 of 2016, corresponding to T.R. No.296 of 2018, whereby the petitioners were found guilty and convicted for the offence under Sections 25(1B)

(a) & 26(1) of the Arms Act and sentenced to undergo rigorous imprisonment of one year six months and to pay a fine of Rs.1,000/-, on each count, in default thereof, to suffer S.I. for 3 months.

4. Heard learned counsel for the petitioner and the learned A.P.P, and on perusal of materials on record, it

appears that the petitioner No.02 is in jail custody since 27.02.2020, i.e., for more than half of the sentence imposed.

Considering, the period of custody, the petitioner No.02, is directed to be enlarged on bail, during the pendency of the revision, on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamshedpur, in connection with G.R. No.1005 of 2016, corresponding to T.R. No.296 of 2018, subject to the condition that the petitioner shall deposit the fine amount of Rs.2,000/- (Two thousand) in the court below.

5. I.A. No.3866 of 2020 stands allowed.

Cr. Revision No.1256 of 2019

1. This revision shall be heard.

2. Admit.

3. The lower court record has already been received.

4. Office to list the revision under the heading 'For Hearing', in seriatim, as per age.

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