Jharkhand High Court
Gajadhar Yadav vs The State Of Jharkhand on 21 February, 2023
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, Special P.P.
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Order No.07 Dated 21st February, 2023
I.A No.732 of 2023
The present Criminal Revision Application has been filed on
behalf of the petitioners by 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 has 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.
2. 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.
3. The present Interlocutory Application being I.A No.732 of 2023
has been filed on behalf of the petitioner No.2 namely, Chanku Yadav for
grant of bail, during the pendency of this Criminal Revision Application.
4. Heard Mr. Sudhanshu Kr. Deo, learned counsel for the petitioner and
Mr. Prabir Kr. Chatterjee, learned counsel for the State
5. It is submitted by the learned counsel for the petitioner that the
petitioner No.2 namely, Chanku Yadav is innocent. It is further
submitted that the petitioner No.2 was arrested on 03.12.2022 but
nothing was recovered from the possession of this petitioner No.2
namely, Chanku Yadav. It is further submitted that one country made
pistol has been recovered from the possession of the petitioner No.1
namely, Gajadhar Yadav, who has already been granted bail by this
Court vide order dated 21.10.2022. It is further submitted that the
petitioner No.2 namely, Chanku Yadav is in custody since
04.12.20222 and hence, he may be enlarged on bail.
6. On the other hand, learned counsel for the State has opposed
the prayer for bail.
7. Perused the F.I.R, and I.A No.732 of 2023 and considered the
submission on behalf of the parties.
8. It appears that nothing was recovered from the possession of
the petitioner No.2 namely, Chanku Yadav.
9. Considering the aforesaid facts and in the circumstances of this
case during pendency of this Criminal Revision, the petitioner No.2
namely, Chanku 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 should be own
relative of the petitioner.
10. Accordingly, I.A No.732 of 2023 is allowed and stands
disposed of.
Criminal Revision No.142 of 2021
11. Put up this case in the month of July, 2023 under an appropriate
heading.
(Sanjay Prasad, J.)
Raja/
