Nandlal Mandal @ Nandu vs The State Of Jharkhand
2022 Latest Caselaw 1950 Jhar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    Cr. Rev. No. 445 of 2021

       Nandlal Mandal @ Nandu               ...... Petitioner
                           Versus
       The State of Jharkhand           ......       Opposite Party
                              -----

       CORAM:        HON'BLE MR. JUSTICE SANJAY PRASAD
                             -----
     For the Petitioner        : Mr. Niranjan Kumar, Advocate
     For the State             : Mr. P.D. Agrawal, A.P.P.
                               .....
Order No. 05/ Dated: 12.05.2022

Heard, learned counsel for the petitioner and learned counsel for the State

2. The petitioner has preferred this Criminal Revision challenging the order dated 30.07.2021 passed by the learned Additional Sessions Judge -III, Deoghar in Criminal Appeal No. 140 of 2018 affirming the judgment dated 10.12.2018 passed in G.R . Case No. 1817 of 2017/ T.R. No.1323 of 2018 by the Smt. Tanvee , Judicial Magistrate 1st Class, Deoghar by which the petitioner has been convicted under section 25 (1-B) (a) of Arms of Act and sentenced to undergo S.I. for (03) three ,years and pay fine of Rs. 500/-, however the learned Judicial Magistrate acquitted the petitioner under section 26 of the Arms Act.

3. It is submitted that impugned judgment of conviction and order of sentence passed by the learned Court below is not sustainable in the eyes of law. It is submitted that the learned Court below had not concerned evidence and most of the witnesses are the police witnesses. It is further submitted that the police has apprehended the petitioner and recovered one pistol and one live cartridge of 7.65 mm from him. It is submitted that the petitioner was in custody from 22.10.2017 to 22.06.2018 and thereafter he has surrendered on 17.11.2021 and he is in custody till date, thus the petitioner is still in custody since 17.11.2021.

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4. On the other hand, the learned A.P.P. appearing for the State has opposed the prayer for bail and submitted that the petitioner was apprehended one pistol and one live cartridge 7.65 mm and it is submitted that the witnesses have supported that the allegation of the petitioner as such the pray to be rejected.

5. Perused the Lower Court Record of this case and considered both the sides.

6. It transpires from the F.I.R. the police during patrolling has apprehended the petitioner and recovered one pistol and one live cartridge 7.65 mm.

It transpires that the has remained in custody for more than one year.

7. Considering the custody and the facts and circumstances of this case the petitioner namely Nandlal Mandal @ Nandu, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand only ) with two sureties of the like amount each to the satisfaction of learned Smt. Tanvee , Judicial Magistrate 1st Class, Deoghar or her Successor Court , subject to the condition that one of the bailers must be own relative of the petitioner and the petitioner shall file undertaking that the petitioner shall remain present during the final hearing of this Criminal Revision Application.

Thus , I.A. No. 6951 of 2021 stands disposed of .

(Sanjay Prasad, J.) Bibha/