Robin Topno @ Bona vs The State Of Jharkhand
2021 Latest Caselaw 1226 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  I.A. No.5813 of 2020
                          In
            Cr. Appeal (S.J.) No.464 of 2019

    Robin Topno @ Bona
    @ Ruben Topno                                      ......       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. Mohit Prakash, Advocate For the State : Mr. A. K. Pandey, A.P.P.

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               th
03/Dated: 10        March, 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 05.04.2019, passed by the court of learned Sessions Judge, Khunti, in Sessions Trial No.123 of 2017, whereby the appellant was found guilty and convicted for the offence under Sections 25(1-A), 26(2) read with Section 35 of the Arms Act, and sentenced to undergo rigorous imprisonment of seven years and a fine of Rs.10,000/-, in default thereof, to suffer S.I of three months.

3. Heard learned counsel for the appellant and learned A.P.P. On perusal of the record it appears that one country made pistol was recovered from the possession of the appellant, but the court below has recorded the finding that it was a prohibited arms and convicted the appellant under Sections 25(1-A), 26(2) of the Arms Act without appreciating the definition of 'prohibited arms' as enshrined in Section 2(i)(i) of the Arms Act.

This question of law can be appreciated and adjudicated at the time of hearing of the appeal on production of notification by the learned A.P.P, if any, in this regard.

It appears that the appellant has remained in jail custody from 11.10.2016 to 09.02.2017, during trial and is in custody since 05.04.2019 till date Considering, the period of custody, the appellant is directed to be released on bail, during the pendency of the appeal, 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 Sessions Judge, Khunti , in connection with S.T. No.123 of 2017, on the condition that the appellant shall deposit the fine amount of Rs.10,000/- (Ten thousand), in the court below.

4. The appellant shall remain present before the Court, when the appeal is taken up for hearing, failing which his bail shall be cancelled.

5. I.A. No.5813 of 2020 stands allowed.

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