Rupesh Bind @ Rupesh Kumar Bind vs The State Of Jharkhand
2021 Latest Caselaw 1514 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   I.A. No. 6469 of 2020
                         in
                   Cr. Revision No. 1037 of 2019
                         ...

Rupesh Bind @ Rupesh Kumar Bind .... Petitioner

-V e r s u s-

The State of Jharkhand ..... Opposite Party ...

Coram: HON'BLE MR. JUSTICE AMITAV K. GUPTA ...

For the Petitioner : Mr. Manoj Kumar Choubey, Advocate. For the State : Mr. Rajesh Kumar, APP ...

I.A. No. 6469 of 2020 ...

07/24.03.2021

1. This interlocutory application has been filed under Section 401

read with Section 397 (1) of the Code of Criminal Procedure for

suspension of the sentence and grant of ad-interim bail to the

petitioner, during the pendency of the revision.

2. The revision is directed against the judgment dated 12.07.2019,

passed by the court of the learned Additional Sessions Judge-III,

Garhwa in Criminal Appeal No. 07 of 2019, affirming the judgment of

conviction dated 31.01.2019, passed by the court of the learned

Judicial Magistrate, 1st Class, Garhwa in Garhwa P.S. Case No. 155 of

2015, corresponding to G.R. Case No. 772 of 2015, whereby the

petitioner was found guilty and convicted for the offence under

sections 25 (1-B) (a) and 26 (1) of the Arms Act and sentenced to

undergo rigorous imprisonment of one and half year and a fine of

Rs.5,000/- in default, thereof, to suffer simple imprisonment of three

months.

3. Heard the learned counsel for the petitioner and the learned A.P.P.

The petitioner has remained in custody for nearly seven months.

Considering the period of custody, the petitioner 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 Judicial Magistrate,

1st Class, Garhwa in connection with Garhwa P.S. Case No. 155 of

2015, corresponding to G.R. Case No. 772 of 2015, subject to the

condition that the petitioner shall deposit the fine amount of Rs.5,000/-

in the court below.

4. In the result, I.A. No. 6469 of 2020 stands allowed.

...

Cr. Revision No. 1037 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.

(AMITAV K. GUPTA, J.) APK