Jharkhand High Court
Md. Jawed @ Ladan @ Jawed @ Laddan vs The State Of Jharkhand on 28 September, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.613 of 2022
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Md. Jawed @ Ladan @ Jawed @ Laddan ... Petitioner
-Versus-
The State of Jharkhand ... Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Nilesh Kumar, Advocate
For the State : Mr. Abhay Kr. Tiwari, A.P.P.
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Order No.05 Dated 28th September, 2022
I.A No.6501 of 2022
The present Interlocutory Application being I.A No.6501 of
2022 has been filed in Criminal Revision No.613 of 2922 on behalf
of the petitioner for grant of bail, during pendency of the present
Criminal Revision Application.
2. The present Criminal Revision Application has been filed on
behalf of the petitioner by challenging the judgment dated
25.11.2021 passed in Criminal Appeal No.113 of 2017 by the
learned Additional Sessions Judge-III, Lohardga, by which, the said
Criminal Appeal has been dismissed by affirming the judgment of
conviction and order of sentence dated 25.11.2017 passed by the
learned Chief Judicial Magistrate, Lohardaga in connection with
Lohardaga P.S. Case No.90 of 2013 arising out of G.R Case No.321
of 2013 corresponding to T.R No.164 of 2017, by which, the
petitioner has been convicted for the under Sections 25(1-
B)a/26(1)/35 of the Arms Act and has been sentenced him to
undergo Rigorous Imprisonment for a period of three (03) years and
to pay fine of Rs.10,000/- for the offence under Section 25(1-B)1/
35 of the Arms Act and in default of payment of fine, he has further
been directed to undergo Simple Imprisonment for a period of 03
months and Rigorous Imprisonment for a period of 03 years and fine
of Rs.10,000/- for the offence under Section 26(1)/35 of the Arms
act and in default, he has further been directed to undergo Simple
Imprisonment for a period of 03 months.
3. Heard Mr. Nilesh Kumar, learned counsel for the petitioner and Mr.
Abhay Kumar Tiwari, learned counsel for the State.
4. It is submitted by the learned counsel for the petitioner
judgments and order passed by the learned Court below are not
sustainable in the eyes of law. It is further submitted that no
independent witness have been examined, which is evident from the
impugned judgments passed by the learned Court below. It is
submitted that the petitioner has got no criminal antecedent. It is
further submitted that the petitioner is in custody since 07.06.2022
and hence, he may be enlarged on bail.
5. On the other hand, learned counsel for the State has opposed
the bail and has submitted that the petitioner was caught red handed
with one country made pistol and all the prosecution witnesses
includign the Informant and I.O have supported the allegation
against him.
6. Perused the scanned copies of the L.C.R and also considered
the submission made on behalf of the parties.
7. It transpires that the petitioner was caught with country made
pistol. It further transpires that petitioner along with one person was
arrested and the petitioner was apprehended with one country-made
pistol.
This is a case of recovery of one country made pistol.
8. Considering the period of custody of the petitioner, the
petitioner namely, Md. Jawed @ Ladan @ Jawed @ Laddan, 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 Chief Judicial Magistrate, Lohardaga in
connection with Lohardaga P.S. Case No.90 of 2013 arising out of
G.R Case No.321 of 2013 corresponding to T.R No.164 of 2017
subject to the condition that one of the bailors must be own relative
of the petitioner, with a further condition that the petitioner shall
appear before this Court at the time of final hearing of this case.
10. Accordingly, I.A No.6501 of 2022 is allowed and stands
disposed of.
Criminal Revision No.613 of 2022
11. Admit.
12. Issue notice.
(Sanjay Prasad, J.)
Raja/-
