Mukesh Gope @ Diwakar vs The State Of Jharkhand
2021 Latest Caselaw 4322 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        I.A. No.4342 of 2021
                                  In
                Criminal Appeal (S.J.) No.284 of 2020
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1. Mukesh Gope @ Diwakar

2. Bablu Mahli .... .... Appellants Versus The State of Jharkhand .... .... Respondent

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Appellants : Ms. Aprajita Bhardwaj, Adv. For the State : Mr. Vineet Kr. Vashistha, A.P.P.

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nd 05/Dated: 22 November, 2021

I.A. No.4342 of 2021

1. This interlocutory application has been filed on behalf of the appellant under Section 389 (1) of the Code of Criminal Procedure, for suspension of sentence and releases him on bail, during pendency of the instant appeal.

2. The present appeal is directed against the judgment dated 05.03.2020, passed by the court of learned Additional Sessions Judge, Simdega, in Sessions Trial Case No.92 of 2017 arising out of Kolebira P.S. Case No.33 of 2016 corresponding to G.R. No.241 of 2016, whereby the appellants were found guilty and convicted for the offence under Sections 25(1-A) and 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 months respectively.

3. Vide order dated 06.09.2021, the court below has been directed to enquire regarding the claim of the juvenility of appellant no.2 namely Mukesh Gope @ Diwakar who has been convicted under Sections 25(10- A)/35 and 26(2)/35 of the Arms Act.

The juvenility has been considered by the Board and the appellant no.2 namely Mukesh Kumar @ Diwakar has been declared juvenile and his age has been assessed as 11 years 5 months and 10 days on the date of occurrence i.e. 30.05.2016. The juvenile is in custody since 05.03.2020.

4. Learned counsel for the State has opposed the prayer for bail.

5. Considering the materials available on record, I am inclined to suspend the sentence of the appellant no.2 namely Mukesh Kumar @ Diwakar and enlarge him on furnishing personal bond of Rs.10,000/- (Rupees Ten Thousand) by guardian to the satisfaction of the learned Additional Sessions Judge, Simdega, in connection with S.T. No.92 of 2017 arising out of Kolebira P.S. Case No.33 of 2016 corresponding to G.R. No.241 of 2016.

6. In the result, I.A. No.4342 of 2021 is, hereby, allowed.

7. Further, the District Judge, Simdega is directed to enquire into the matter and submit a report to this Court as to under what circumstances the juvenile aged about 11 years has been subjected to the trial and he has been put in jail custody. The report must be submitted to this Court within three weeks.

(Rajesh Kumar, J.)

Amar/-