Mukesh Gope @ Diwakar vs The State Of Jharkhand
2021 Latest Caselaw 1440 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 I.A. No.6465 of 2020
                            In
            Cr. Appeal (S.J.) No.284 of 2020

    1.   Mukesh Gope @ Diwakar
    2.   Bablu Mahli                        ......     Appellants
                            Versus

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

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For the Appellants : Mr. Ajit Kumar, Sr. Advocate : Mr. Chanchal Jain, Advocate For the State : Mr. Vineet Kumar Vashistha, A.P.P

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               nd
03/Dated: 22        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 petitioners/ appellants, during the pendency of the appeal.

2. The appeal is directed against the judgment dated 05.03.2020, passed by the court of learned Additional Sessions Judge, Simdega, in Sessions Trial No.92 of 2017, whereby the appellants were 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 five years in both the counts and fine of Rs.10,000/-, and 3,000/- respectively, in default thereof, to suffer R.I of six months and three moths respectively.

3. Heard learned senior counsel for the appellants and learned A.P.P. On perusal of the materials on record, it appears that one country made loaded pistol was recovered from the possession of the appellant No.01, whereas from the possession of appellant No.02 one live cartridge of .303 bore was recovered.

Considering, the fact, that one country made loaded pistol was recovered from the possession of appellant No.01, therefore I am not inclined to suspend the sentence and enlarge him on bail.

So far as appellant No.02 is concerned, only one live cartridge of .303 bore was recovered from his possession, accordingly he 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 Additional Sessions Judge, Simdega, in connection with S.T. No.92 of 2017, on the condition that the appellant No.02 shall deposit the fine amount of Rs.13,000/- (Rupees thirteen thousand), in the court below.

4. The appellant No.02 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.6465 of 2020 stands disposed off.

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