Jharkhand High Court
Md. Imran Mansoori vs The State Of Jharkhand on 10 May, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (S.J.) No. 208 of 2020
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Md. Imran Mansoori ...... Appellant
Versus
The State of Jharkhand ...... Respondent
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Appellant : Md. Asghar, Adv.
For the State : Mr. Abhay Kr. Tiwari,A.P.P.
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I.A. No. 2580 of 2021
06/10.05.2022 Heard learned counsel for the petitioner and learned APP for
the State.
2. The present Interlocutory Application No. 2580 of 2021 has
been filed by the appellant for suspension of sentence and grant of
bail, during pendency of the present criminal appeal.
3. The present Criminal Appeal has been filed against the
judgment of conviction dated 31.01.2020 and order of sentence dated
04.02.2020 passed by learned Additional Judicial Commissioner-II,
Ranchi in connection with S. T. No. 362 of 2016 arising out of
Doranda P. S. Case No. 60 of 2012 corresponding to G. R. No. 736 of
2012 whereby the appellant has been convicted for the offence under
Sections 25(1-A), 26(2) read with 35 of the Arms Act and has been
sentenced to undergo R.I. for a period of five(5) years and to pay
fine of Rs. 10,000/- under Sections 25(1-A) /35 of the Arms Act and
under Section 26(2)/35 of the Indian Penal Code respectively and in
default of payment, he has been further sentenced undergo S.I. for a
period of three months on each count.
4. It is submitted by the learned counsel for the appellant that
earlier prayer for bail of the appellant was rejected by the Co-
ordinate Bench of this Court vide order dated 25.11.2020 passed in I.
A. No. 2500 of 2020 [Cr. Appeal (S.J.) No. 208 of 2020]. However,
liberty was granted to the appellant to renew his prayer for bail on
completion of half of the sentence. It is submitted that the appellant
was arrested on 08.12.2012 and he was released on bail on
11.05.2012 and thereafter he was taken into custody on 31.01.2020 in
light of the judgment of conviction dated 31.01.2020 and order of
sentence dated 04.02.2020 passed by learned Additional Judicial
Commissioner-II, Ranchi in S. T. No. 362 of 2016 and thus the
appellant has completed more than half of the sentence and as such,
he may be enlarged on bail.
5. On the other hand, learned counsel for the State has opposed
the bail. It is submitted that the appellant was apprehended with one
country made pistol and no document was produced by him.
6. Perused the Lower Court Records and considered the
submissions of learned counsel for the both the sides.
7. It transpires from the record that the appellant was
apprehended by the police during patrolling and one country made
pistol and one cartridge .303 bore was recovered, which was
prohibited arms. It also transpires that earlier prayer for bail of the
appellant was rejected by the Co-ordinate Bench of this Court vide
order dated 25.11.2020 passed in I. A. No. 2500 of 2020 [Cr. Appeal
(S.J.) No. 208 of 2020]. However, liberty was granted to the
appellant to renew his prayer for bail on completion of half of the
sentence. It also transpires that the appellant was arrested on
08.12.2012 and he was released on bail on 11.05.2012 and thereafter
he was taken into custody on 31.01.2020 in light of the judgment of
conviction dated 31.01.2020 and order of sentence dated 04.02.2020
passed by learned Additional Judicial Commissioner-II, Ranchi in S.
T. No. 362 of 2016 and thus the appellant has completed more than
half of the sentence.
8. Considering the facts and circumstances of the case and
considering the fact that the appellant has completed more than half
of the sentence, during pendency of this Criminal appeal, the
appellant, Md. Imran Mansoori 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 learned
Additional Judicial Commissioner-II, Ranchi in connection with S. T.
No. 362 of 2016 arising out of Doranda P. S. Case No. 60 of 2012
corresponding to G. R. No. 736 of 2012, subject to the condition that
one of the bailor must be own relative of the appellant and the
appellant shall remain present at the time of final hearing of the
present appeal, failing which the bail of the appellant is liable to be
cancelled.
9. Accordingly, I.A. No. 2580 of 2021 stands allowed and
disposed of.
(Sanjay Prasad, J.)
Kamlesh/
