Jharkhand High Court
Sanjay Oraon vs The State Of Jharkhand on 9 August, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No.143 of 2023
Sanjay Oraon ..... ... Appellant
Versus
The State of Jharkhand .... .... Respondent
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND
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For the Appellant : Mr. Rajan Sahay, Advocate
For the State : Mrs. Priya Shrestha, Spl.P.P.
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05/09.08.2023 I.A. No. 2581 of 2023
The instant interlocutory application has been filed by the
appellant under section 389 (1) of the Code of Criminal Procedure
whereby and whereunder the appellant has sought for a direction for
suspension of sentence dated 13.02.2023 passed by the learned Additional
Judicial Commissioner-1st, Ranchi in connection with Sessions Trial Case
No. 264 of 2019, corresponding to G.R. No.5159 of 2016, arising out of
Bero P.S. Case No.57/2016, by which the appellant has been convicted for
the offence under sections 25(1-A) and 26(2) of the Arms Act and
sentenced to undergo rigorous imprisonment for 5 years each and fine of
Rs.5,000/- (Rupees Five Thousand) each for the aforesaid offence and in
default of payment of fine he was further directed to undergo SI for 3
months each.
2. The learned counsel for the appellant has submitted that the
seizure memo of the arms and ammunition has not been proved. The
witness has not proved the seizure memo. The conviction of the appellant
has been passed by the court below and from the statement of PW3 Sunil
Kumar Baraik the recovery is not proved.
3. The learned APP for the State opposed the contentions made
by the learned counsel for the appellant and contended that the court below
has passed the judgment of conviction and sentenced after having properly
appreciated the evidence on record.
4. As per prosecution case, the informant SI Bindeshwari Das,
Officer In-charge of Bero Police Station had given the written information
with these allegations that on 12.09.2016 at 19:30 hours he had received
the secret information that two young persons armed with fire arms and
cartridges had been staying at Tikratoli, Bero at the house of Jitu Baraik.
After having made the entry in the general diary i.e. G.D. of this
information he alongwith police officials reached at the indicated place at
21:15 hours. Search was made in presence of the independent witnesses
Sunil Kumar Baraik and Umesh Oraon and the loaded countrymade pistol
of 7.62 bore, mobile phones were recovered and the FIR was lodged.
5. On behalf of prosecution altogether five witnesses have been
examined the Sunil Kumar Baraik is the witness of the seizure memo. This
witness in his examination-in-chief corroborated the prosecution story but
in cross-examination he stated that no article has been recovered from the
possession of any of the accused. He stated that he is unable to say in
regard to the recovery reason being he was outside the room of the accused
and only the officer in-charge Bindeshwari Das had gone inside the room.
The another witness of the seizure memo Umesh Oraon has not been
examined.
6. Keeping in view the testimony of PW3 and finding recorded
by the court, it is a fit case for suspension of sentence. Accordingly, I.A.
No. 2581 of 2023 is allowed.
7. The sentence passed against the appellant shall remain
suspended during pendency of this appeal.
8. In consequence thereof, the appellant is directed to be released
on bail, during the pendency of the Cr. Appeal, on furnishing bail bond of
Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount
each to the satisfaction of the learned Additional Judicial Commissioner-1st,
Ranchi in connection with Sessions Trial Case No. 264 of 2019,
corresponding to G.R. No.5159 of 2016, arising out of Bero P.S. Case
No.57/16.
9. In view thereof, I.A. No. 2581 of 2023 stands disposed of.
Cr. Appeal (SJ) No.143 of 2023
10. List this appeal for hearing as per seriatim.
(Subhash Chand, J.)
RKM
