Iftekhar Ahmad @ Ifekhara Ahmad vs The State Of Jharkhand
2021 Latest Caselaw 3909 Jhar

                        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                Criminal Revision No. 825 of 2019
                                             ....

              Iftekhar Ahmad @ Ifekhara Ahmad                     ....    Petitioner
                                             Versus
              The State of Jharkhand                              .... Opp. Party
                                             ....
              CORAM:HON'BLE MR. JUSTICE RAJESH KUMAR

              For the Petitioner               : Mr. S.K.Upadhyay, Adv.
              For the State                    : Mr. Rajneesh Vardhan, A.P.P.
                                               ....

The matter was taken up through Video Conferencing. Learned counsel for the parties had no objection with it and submitted that the audio and video qualities are good.

....

07/20.10.2021 I.A. No.6292 of 2019 The instant application has been filed on behalf of the petitioner for suspension of sentence and ad-interim bail during pendency of the instant revision petition.

The revision is directed against the judgment dated 06.04.2019, passed by the court of learned AJC, XVI, Ranchi in Criminal Appeal No.28 of 2019, affirming the judgment dated 17.01.2019, passed by the court of J.M. 1st Class, Ranchi in Chanho P.S. Case No.120 of 2011 corresponding to G.R. Case No.5092 of 2011, whereby the petitioner has been found guilty and convicted for the offence under Sections 25(1-B)a and 26 of the Arms Act and has been sentenced to undergo S.I. for one year with a fine of Rs.1,000/- for the offence under Section 25(1-B)a of the Arms Act and further sentenced to undergo S.I. for one year with a fine of Rs.1,000/- for the offence under Section 26 of the Arms Act.

Learned counsel for the petitioner has submitted the petitioner is in custody for about 60 days while the maximum sentence awarded is one year. It has been further submitted that there is no independent witness and seizure list witnesses have deposed that signature has been taken in blank paper as they have shops near the police station. It has been further submitted that the alleged arms has not been recovered from the possession of the petitioner. On that ground, prayer for bail has been made.

On the other hand, learned A.P.P. has opposed the prayer. Considering the material available on record and the period of custody, I am inclined to suspend the sentence and enlarge the petitioner on bail, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Ranchi in Chanho P.S. Case No.120 of 2011 corresponding to G.R. Case No.5092 of 2011, subject to the condition that the petitioner will submit self attested copy of his Aadhar Card and also give his mobile number before the learned court below, which he will not change during pendency of this case without prior permission of the court.

I.A. No. 6292 of 2019 stands disposed off.

(Rajesh Kumar, J.) Shahid/