Jharkhand High Court
Gajadhar Yadav vs The State Of Jharkhand on 21 October, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.142 of 2021
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1. Gajadhar Yadav
2. Chanku Yadav` ... Petitioners
-Versus-
The State of Jharkhand ... Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioners : Mr. Sudhanshu Kr. Deo, Advocate
For the State : Mr. Prabir Kr. Chatterjee, A.P.P.
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Order No.05 Dated 21st October, 2022
I.A (Cr.) No.9046 of 2022
Heard Mr. Sudhanshu Kr. Deo, learned counsel for the petitioner and
Mr. Prabir Kr. Chatterjee, learned counsel for the State.
2. The present Interlocutory Application being I.A (Cr.) No.9046 of
2022 has been filed on behalf of the petitioner No.1 namely, Gajadhar
Yadav for grant of bail during the pendency of this Criminal Revision
Application.
3. The present Criminal Revision Application has been filed on
behalf of the petitioner No.1 namely, Gajadhar Yadav, for challenging
the judgment dated 23.01.2021 passed in Criminal Appeal No.60 of
2018 by the learned Additional Sessions Judge-III, Deoghar, by which,
the said Criminal Appeal has been partly allowed and partly
dismissed by affirming the order dated 31.03.2018 passed by Sri.
Ajay Bishu Minz, Judicial Magistrate, 1st Class, Deoghar in
connection with Sarwan (Sonaraithai) P.S Case No.24 of 2010,
arising out of G.R No.188 of 2010, corresponding to T.R No.78 of
2018, by which, both the petitioners have been convicted for the
offences under Sections 25(1-B) a/ Section 35 of the Arms Act and
have been sentenced to undergo Rigorous Imprisonment for a period
of two (02) years and to pay fine of Rs.2,000/- and in default of
payment of fine, they have further been sentenced to undergo Simple
Imprisonment for a period of three (03) months each. They have
further been sentenced to undergo Rigorous Imprisonment for a
period six (06) months each and to pay a fine of Rs.1,000/- for the
offences under Section 26 read with Section 35 of the Arms Act and
in default of payment of fine, they have further been sentenced to
undergo Simple Imprisonment for a period of three (03) months
each and both the sentences have been directed to run concurrently.
However, the learned Appellate Court acquitted the petitioners
under Section 26/35 of the Arms Act but upheld the conviction and
sentence of the petitioners under Sections 25(1-B)a/35 of the Arms
Act.
3. As per the FIR, the Informant along with other police
personnel while conducting a raid against Vikram Mandal and his
associates saw two persons riding on a motorcycle who were coming
rapidly from Palajori and on his indication to stop, both the persons
descended from the Motorcycle and had tried to run away. However,
both the persons were chased and apprehended with the help of
armed force and on interrogation, they disclosed their names as the
Gajadhar Yadav and Chanku Yadav and a country made pistol and
gunshot of 0.315 Bore loaded in the pistol were recovered from the
possession of the petitioner No.1 namely, Gajadhar yadav.
4. It is submitted by the learned counsel for the petitioner that the
petitioner No.1 namely, Gajadhar Yadav is innocent. It is further
submitted that during course of trial the petitioner No.1 was in
custody 24.02.2010 to 01.04.2010 and after conviction, he has
surrendered in the learned Court below on 29.07.2022 and since
then, he is in custody and hence, he may be enlarged on bail.
5. On the other hand, learned counsel for the State has opposed
the prayer for bail.
6. Perused the F.I.R, L.C.R and I.A No.9046 of 2022 and
considered the submission on behalf of the parties.
7. It appears that the petitioner No.1 was apprehended with one
pistol and one .315 cartridge. It transpires that during course of trial
the petitioner No.1 was in custody from 24.02.2010 to 01.04.2010
and after conviction, he has surrendered before the learned Court
below on 29.07.2022
8. Considering the aforesaid facts and in the circumstances of this
case during pendency of this Criminal Revision, the petitioner No.1
namely, Gajadhar Yadav, 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. Ajay
Bishu Minz, Judicial Magistrate, 1st Class, Deoghar, or his
Successor Court in connection with Sarwan (Sonaraithai) P.S Case
No.24 of 2010, arising out of G.R No.188 of 2010, corresponding to
T.R No.78 of 2018, subject to the condition that one of the bailors
must be own relative of the petitioner, with a further condition that
the petitioner No.1 namely, Gajadhar Yadav shall appear before the
learned Court below at the time of final hearing of this case, failing
which, the prosecution will be at liberty to cancellation of his bail.
10. Accordingly, I.A No.9046 of 2022 is allowed and stands disposed of.
Criminal Revision No.142 of 2021
9. The learned Court below is directed to take all coercive steps to
secure the arrest of the petitioner No.2 namely, Chanku Yadav and
learned Court below is further directed to submit his report before this
Court on 02.12.2022.
10. Let a copy of this order be send to the learned Court below by
'FAX' at once.
(Sanjay Prasad, J.)
Bibha/
