Jharkhand High Court
Amit Tiwari @ Amit Tiwary vs The State Of Jharkhand on 10 February, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 488 of 2020
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Amit Tiwari @ Amit Tiwary .... Petitioner
Versus
The State of Jharkhand .... Opp. Party
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
For the Petitioner : Mr. Ramesh Kumar, Adv.
For the State : Ms. Priya Shrestha, Spl. P.P.
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The matter was taken up through Video Conferencing. Learned counsels for the parties
had no objection with it and submitted that the audio and video qualities are good.
....
09/10.02.2022 I.A. No.6510 of 2021
The present interlocutory application has been filed on behalf of the
petitioner for suspension of sentence, during pendency of the instant criminal
revision petition.
Heard learned counsel for the petitioner and learned APP.
The instant criminal revision has been filed against the judgment of
conviction and order of sentence dated 17.01.2020 passed by the learned District
and Additional Sessions Judge-III, Palamau at Daltonganj in Criminal Appeal
No.15 of 2018, who has affirmed the judgment and order of sentence dated
06.03.2018 passed by the learned Judicial Magistrate 1st Class, Palamau at
Daltonganj in connection with G.R. Case No.923 of 2010 arising out of
Bishrampur P.S. Case No.78 of 2010, whereby the petitioner has been found guilty
for the offence under Sections 25(1-B)a/ 35 and 26/35 of the Arms Act and
sentenced to undergo R.I. for two years with a fine of Rs.5,000/- for the offence
under Section 25(1-B)a/35 of the Arms Act and in default of payment of fine, he
shall further sentenced to undergo S.I. for three months and further sentenced to
undergo R.I. for three years with fine of Rs.5,000/- for the offence under Section
26/35 of the Arms Act and in default of payment of fine further sentenced to S.I.
for three months.
It has been submitted by learned counsel for the petitioner that as per the
allegation, raid has been conducted in the house of the petitioner and two persons
were arrested including this petitioner. One country made pistol of .315 bore and
one cartridge of .315 bore has been recovered from the person of the co-accused,
namely, Dhanji Pandey @ Dhananjay Pandey. It has been further submitted that the
petitioner has been convicted taking aid under section 35 of the Arms Act while the
recovery has been made from the person of the co-accused. It has been further
submitted that the petitioner has remained in custody for more than 06 months. On
above fact, prayer for suspension of sentence has been made.
Learned counsel for the State has opposed the prayer.
Considering the materials available on record and the fact that the
petitioner has remained in custody for more than six months, I am inclined to
suspend the sentence of this petitioner. Accordingly the petitioner is directed to be
enlarged on bail, 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, Palamau at Daltonganj in connection with G.R. Case
No.923 of 2010 arising out of Bishrampur P.S. Case No.78 of 2010, subject to the
payment of Rs.5,000/- in the court below.
I.A. No.6510 of 2021 stands disposed of.
(Rajesh Kumar, J.)
Shahid/
