Jharkhand High Court
Rohit Kumar vs The State Of Jharkhand on 30 June, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 515 of 2022
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1. Rohit Kumar
2. Barun Kumar Vats @ Chintu ...... Petitioners
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. Rajendra Krishna, Advocate
For the State : Mr. Bhola Nath Ojha, A.P.P.
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03/30.06.2022 Heard learned counsel for the petitioner and learned APP
for the State.
2. The present Criminal Revision No. 515 of 2022 has
been filed challenging the judgment dated 09.05.2022 passed in
Criminal Appeal No. 05 of 2019 and Criminal Appeal No. 10 of
2019 and Criminal Appeal No. 15 of 2019 whereby learned
Sessions Judge, Dumka has dismissed the Criminal Appeal No.
05 of 2019 and Criminal Appeal No. 10 of 2019 and Criminal
Appeal No. 15 of 2019 filed on behalf of the petitioners and
other co-convicts by affirming the judgment of conviction and
order of sentence dated 22.01.2019 passed by Sri. Bankim
Chandra Chatterjee, Judicial Magistrate, 1st Class, Dumka in
connection with T. R. No. 209 of 2019 corresponding to G. R.
No.1565 of 2008 whereby the petitioners and other co-convicts
have been convicted for the offence under Section 25(1-B)a/ 35
and Section 26(i)/ 35 of the Arms Act and sentenced them to
undergo R.I. for a period of three (3) years and to pay fine of
Rs. 500/- under Section 25(1-B)a/ 35 of the Arms Act and in
default of payment of fine, further sentenced to undergo R.I. for
a period of three months and further sentenced to undergo R.I.
for a period of two (02) years and to pay fine of Rs. 500/-
each under Section 25(1-B)a/ 35 of the Arms Act and in default
of payment of fine, further sentenced to undergo R.I. for a
period of three months.
All the sentences have been directed to run
concurrently.
3. It has been submitted by the learned counsel for the
petitioner that the petitioners were juvenile at the relevant point
of time. The petitioner no. 1, Rohit Kumar was aged about 12
years and petitioner no. 2, Barun Kumar Vats @ Chintu was
aged about 14 years. It has been further submitted so far as the
recovery is concerned that nothing was recovered from the
possession of these petitioners and recovery was made from the
possession of co-convict, Rakesh Kumar Singh @ Chhotu. It is
further submitted that the petitioners are working under the
Government Department in different organization and at the
relevant point of time, they were returning from playing cricket
from Dumka. Learned counsel for the petitioner has also relied
upon the judgments rendered by the Hon'ble Supreme Court in
the case of Pabitar Singh Vs. State of Bihar reported in (1972) 3
SCC 354 and in the case of Mohmed Rafiq Abdul Rahim Shaikh
Vs. State of Gujarat reported in (2018) 10 SCC 501. It is
submitted that the petitioners have surrendered on 17.06.2022
and as such, they may be enlarged on bail.
4. On the other hand, learned counsel for the State has
opposed the bail. It is submitted that petitioners alongwith other
co-convicts had been arrested by the police and one pistol and
one cartridge were recovered from co-convict, Rakesh Kumar
Singh @ Chhotu and as such, prayer for bail of the petitioners is
fit to be rejected.
5. Perused the judgments passed by learned Court below
and considered the submissions of both the sides.
6. It reveals from the FIR that the petitioners and co-
convicts were apprehended by the police when they were
returning after playing cricket from Dumka. It also reveals from
the judgment passed by the learned Court below that the
petitioner no. 1, Rohit Kumar was aged about 12 years and
petitioner no. 2, Barun Kumar Vats @ Chintu was aged about 14
years on the date of occurrence i.e. 12.10.2008. It also reveals
that nothing was recovered from the possession of these
petitioners and recovery was made from the possession of co-
convict, Rakesh Kumar Singh @ Chhotu. It also reveals from
the record that the petitioners are working under the
Government Department in different organization.
7. On consideration of the aforesaid fact, during pendency
of this Criminal Revision, the petitioner no. 1, Rohit Kumar and
petitioner no. 2, Barun Kumar Vats @ Chintu are directed to be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) each with two sureties of the like amount each to
the satisfaction of Sri. Bankim Chandra Chatterjee, Judicial
Magistrate, 1st Class, Dumka or his successor Court in
connection with T. R. No. 209 of 2019 corresponding to G. R.
No.1565 of 2008.
Cr. Rev. No. 515 of 2022
Admit.
Call for the scanned copy of Lower Court Records.
Put up this case after six months.
(Sanjay Prasad, J.)
Kamlesh/
