Jharkhand High Court
Ashok Paswan @ Ashok Rajwar vs The State Of Jharkhand on 20 July, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 730 of 2018
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Ashok Paswan @ Ashok Rajwar ...... 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 Petitioner : Mr. Anurag Kashyap, Advocate
For the State : Mr. Vishambhar Shashtri, A.P.P.
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I.A. No. 4571 of 2022
07/20.07.2022 I.A. No. 4571 of 2022 has been filed on behalf of the
petitioner for suspension of sentence and for grant of bail to the
petitioner, during pendency of the present Criminal Revision
Application.
2. The present Criminal Revision No. 730 of 2018 has been
filed by the petitioner challenging the judgment dated 22.03.2018
passed in Criminal Appeal No. 106 of 2008 by the learned
Additional Sessions Judge-III, Palamau at Daltonganj whereby
learned Additional Sessions Judge-III, Palamau at Daltonganj has
dismissed the Criminal Appeal No. 106 of 2008 and affirmed the
judgement of conviction and order of sentence dated 11.08.2008
passed by Sri Abhas Verma, Judicial Magistrate, 1st Class, Palamau
at Daltonganj in connection with G.R. No. 876 of 2005 (T.R. No.
811 of 2008) by which the petitioner has been convicted under
Section 25(1-B) a/35 of the Arms Act and has been sentenced to
undergo R. I. for a period of Two (2) years and to pay a fine of Rs.
500/- and in default of payment of fine, further sentenced to
undergo S.I. for a period of one (1) month.
3. Heard learned counsel for the petitioner and learned APP
for the State.
4. It is submitted by the learned counsel for the petitioner
that the judgments and orders passed by the learned Court below
are not sustainable in law. It is submitted that apart from two old
telephone sets and some naxal literatures, no firearm was
recovered from the possession of this petitioner, rather firearm
were recovered from the possession of other accused persons
Santosh Paswan and Janeshwar Rajwar named in the F.I.R. It is
submitted that the petitioner has surrendered in the learned Court
below on 19.01.2022 and as such, he may be enlarged on bail.
5. On the other hand, learned counsel for the State has
opposed the prayer for bail and has submitted that the petitioner
was apprehended with two old telephone sets and some naxal
literatures have been recovered from the possession of this
petitioner and firearms have been recovered from the accomplice
of the petitioner i.e. co-accused- Santosh Paswan and Janeshwar
Rajwar. It is submitted that several prosecution witnesses have
supported the allegation against the petitioner and as such, prayer
for bail of the petitioner is fit to be rejected.
6. Perused the Lower Court Records and considered the
submission of both the sides.
7. It transpires that the petitioner was apprehended with two
accused persons and two used telephone sets and and some naxal
literatures were recovered from the possession of this petitioner. It
also transpires that firearms were also recovered from the
possession of the other co-accused persons namely Santosh
Paswan and Janeshwar Rajwar. It also transpires that the petitioner
is in custody since 19.01.2022 i.e. for around six(6) months after
having surrendered in the learned Court below. From perusal of
Lower Court Records, it further transpires that during trial, he was
in custody for around three (3) months also.
8. Considering the facts and circumstances of the case, the
petitioner, Ashok Paswan @ Ashok Rajwar 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 Abhas Verma, Judicial Magistrate, 1st Class,
Palamau at Daltonganj or his successor Court in connection with
G.R. No. 876 of 2005 (T.R. No. 811 of 2008) subject to the
condition that one of the bailors must be own relative of the
petitioner having landed properties in the district of Palamau at
Daltonganj and the petitioner shall file an Undertaking before the
learned Court below that he will remain present at the time of final
hearing of this case, failing which bail of the petitioner may
be liable to be cancelled.
Accordingly, I.A. No. 4571 of 2022 stands allowed and
disposed of.
Criminal Revision No. 730 of 2018
Admit.
Issue notice.
Lower Court Records have already been received.
Put up this case after six months.
(Sanjay Prasad, J.)
Kamlesh/
