Jharkhand High Court
Prahlad Kumar @ Vickey @ Prahalad ... vs The State Of Jharkhand on 30 June, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 516 of 2022
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Prahlad Kumar @ Vickey @ Prahalad Kumar... 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. 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. 516 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 him 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/- 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 petitioner was aged about 19 years at the
relevant point of time. It has been further submitted so far as the
recovery is concerned that nothing was recovered from the
possession of this petitioner and recovery was made from the
possession of co-convict, Rakesh Kumar Singh @ Chhotu. It is
further submitted that the petitioner is working under the
Government Department in National Rural Health Mission and
at the relevant point of time, he was 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 petitioner has surrendered on
17.06.2022 and as such, he may be enlarged on bail.
4. On the other hand, learned counsel for the State has
opposed the bail. It is submitted that petitioner 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 petitioner 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 petitioner 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 was aged about 19 years on the date of occurrence i.e.
12.10.2008. It also reveals that nothing was recovered from
the possession of this petitioner and recovery was made from the
possession of co-convict, Rakesh Kumar Singh @ Chhotu. It
also reveals from the record that the petitioner is working under
the Government Department in National Rural Health Mission.
7. On consideration of the aforesaid fact, during pendency
of this Criminal Revision, the petitioner - Prahlad Kumar @
Vickey @ Prahalad Kumar 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. 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. 516 of 2022
Admit.
Call for the scanned copy of Lower Court Records.
Put up this case after six months.
(Sanjay Prasad, J.)
Kamlesh/
