Jharkhand High Court
Ram Narayan Vishwakarma vs The State Of Jharkhand on 18 August, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No. 871 of 2019
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Ram Narayan Vishwakarma ... Petitioner
Versus
The State of Jharkhand ......Opp. Party
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioners : Mr. Sheo Kumar Singh, Advocate
For the State : Mr. V. S. Sahay, A.P.P.
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I. A. No. 4424 of 2022
09/18.08.2022 The Cr. Revision No. 871 of 2019 has been filed on behalf
of the petitioner by challenging the judgment dated 30.04.2019
passed in Criminal Appeal No. 19 of 2018 passed by the learned
Additional Sessions Judge-VI, Garhwa whereby the learned
Additional Sessions Judge-VI, Garhwa has dismissed the Criminal
Appeal No. 19 of 2018 filed on behalf of the petitioner with
modification in sentence by directing the petitioner to undergo
sentence for a period of S.I. for one(1) year and Six (6) months
and to pay fine of Rs. 3,000/- for the offences under Section
25(1-B) a of the Arms Act and under Section 26(1) of the Arms
Act respectively and in default of payment of fine, he has further
been sentenced to undergo S. I. for a period of two (2) months by
affirming the conviction for the offence under Section 25(1-B) a of
the Arms Act and under Section 26(1) of the Arms Act passed by
Sri Ram Kumar Lal Gupta, Judicial Magistrate, 1st Class, Garhwa
in connection with Nagar Untari P. S. Case No. 75 of 2017
corresponding to G. R. No. 672 of 2017 vide judgment of
conviction and order of sentence dated 21.01.2018 by which the
petitioner has been convicted for the offence under Section
25(1-B) a of the Arms Act and under Section 26(1) of the Arms
Act and sentenced to undergo S.I. for a period of three (3) years
each and to pay fine of Rs. 5,000/- under Section 25(1-B) a of the
Arms Act and under Section 26(1) of the Arms Act respectively
and in default of payment of fine, he has further been sentenced to
undergo S. I. for a period of Six (6) months each and all the
sentences have been directed to run concurrently.
2. Heard learned counsel for the petitioner and learned APP
for the State.
3. I. A. No. 4424 of 2022 has been filed on behalf of the
petitioner for grant of bail during pendency of this Criminal
Revision Application.
4. It is submitted that the judgment and order passed by the
learned Court below are not sustainable in the eye of law. It has
been submitted by the learned counsel for the petitioner that no
independent witness was present at the time of seizure of the
alleged recovery of pistol from the possession of the petitioner and
the petitioner has been falsely implicated in this case. It is
submitted that no independent witness has been examined by the
prosecution. It is submitted that the petitioner is in custody since
27.04.2022 and he had also remained in custody during trial from
12.04.2017 to 15.06.2017 and as such, he may be enlarged on bail.
5. On the other hand, learned counsel for the State has
opposed the bail.
6. Perused the impugned judgment and Lower Court
Records and considered the submission of both the parties.
7. It appears that no independent witness was present at the
time of seizure of the pistol.
8. Considering the facts and circumstances of the case and
considering the period of custody of the petitioner, during
pendency of this Criminal Revision Application, the petitioner,
Ram Narayan Vishwakarma is directed to be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of Sri Ram
Kumar Lal Gupta, Judicial Magistrate, 1st Class, Garhwa or his
Successor Court in connection with Nagar Untari P. S. Case No.
75 of 2017 corresponding to G. R. No. 672 of 2017, subject to the
condition that one of the bailor must be own relative of the
petitioner and the petitioner shall remain present at the time of
final hearing of the present Criminal Revision Application before
High Court.
9. Accordingly, I.A. No. 4424 of 2022 is allowed and stands
disposed of.
Cr. Revision No. 871 of 2019
10. Admit
11. Issue notice.
12. Put up this case after six months under the heading "For
Hearing".
(Sanjay Prasad, J.)
Kamlesh/
