Vikash Kumar Tiwary @ Vikash ... vs The State Of Jharkhand
2022 Latest Caselaw 830 Jhar

                       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              Criminal Revision No. 419 of 2020
                                          ....

Vikash Kumar Tiwary @ Vikash Tiwary .... Petitioner Versus The State of Jharkhand .... Opp. Party ....

             CORAM:           HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Petitioner           : Mr. Shashank Shekhar Prasad, Adv.
                For the State                : APP
                                             ....
08/03.03.2022             I.A. No.6810 of 2021

The present interlocutory application has been filed for amendment in I.A. No.5385 of 2021.

The reason assigned in the instant application, I.A. No.6810 of 2021 is allowed.

Let this interlocutory application be treated as a part of the present case. I.A. No.5385 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.

The instant criminal revision has been filed against the judgment dated 11.02.2020 passed in Criminal Appeal No.23/2019 by the court of learned Additional Sessions Judge-III, Palamau at Daltonganj, who has affirmed the judgment of conviction and order of sentence dated 23.02.2019 passed by the learned Judicial Magistrate, 1st Class, Palamau at Daltonganj in connection with Sadar (Shahar) P.S. Case No.619/2015 corresponding to G.R. No.2199/2016 registered for the offence under Section 25(1-B) (a), 25 and 35 of the Arms Act and the petitioner has been sentenced to undergo R.I. for two years with a fine of Rs.1,000/- for the offence under 25(1-B) a of the Arms Act and in default of payment of fine, further S.I. of 15 days.

Learned counsel for the revisionist has submitted that the maximum punishment awarded is two years and out of two years the petitioner has already served the sentence of 354 days i.e. around a year. It has been further submitted that the similarly situated co-accused, namely, Niku Vishwakarma @ Nikku Vishwakarma has already been granted bail by this Court vide order dated 24.08.2021 passed in Criminal Revision No.805 of 2020. On that ground, prayer for bail has been made.

Considering the nature of allegation and the fact that the similarly situated co-accused has been granted bail, 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 Sadar (Shahar) P.S. Case No.619/2015 corresponding to G.R. No.2199/2016, subject to the condition that the petitioner shall remain present before the Court as and when the case is taken up for hearing, failing which his bail bond shall be cancelled.

I.A. No.5385 of 2021 stands disposed of.

(Rajesh Kumar, J.) Shahid/